NCJ Number
55863
Journal
CRIME ET/AND - JUSTICE Volume: 6 Issue: 2 Dated: (1978) Pages: 79-92
Date Published
1978
Length
14 pages
Annotation
ISSUES IN CRIME AND JUSTICE ARE EXPLORED, INCLUDING REHABILITATION AS THE GOAL OF THE PENAL SYSTEM, THE REDUCTION OF CRIME BY INCAPACITATING OFFENDERS, MODELS OF TREATMENT, AND PUNISHMENT AS AN EFFECTIVE DETERRENT.
Abstract
RIGHT AND LEFT WING STANCES ON PUNISHMENT ARE CONSIDERED IN A DISCUSSION ON THE SEEMING TENDENCY OF CANADIAN PUBLIC TO MOVE AWAY FROM A LIBERAL VIEW. FIVE ISSUES IN THE RIGHT WING STANCE ARE EXCESSIVE LENIENCY TOWARD OFFENDERS, FAVORING THE WELFARE AND RIGHTS OF OFFENDERS OVER THE WELFARE AND RIGHTS OF VICTIMS, EROSION OF DISCIPLINE AND RESPECT FOR AUTHORITY, RESENTMENT OVER WHAT IS SEEN AS THE SIGNIFICANT COST OF CRIME, AND EXCESSIVE PERMISSIVENESS. FIVE OTHER ISSUES CHARACTERISTIC OF THE LEFT WING POSTURE ARE: OVERCRIMINALIZATION, LABELING AND STIGMATIZATION, OVERINSTITUTIONALIZATION, OVERCENTRALIZATION OF AUTHORITY, AND DISCRIMINATORY BIAS. POLLS CONDUCTED BY THE CANADIAN GALLUP INSTITUTE SHOW THAT PUBLIC ATTITUDES TOWARD CRIMINALS ARE BECOMING MORE PUNITIVE, WITH MANY MORE PERSONS FAVORING CAPITAL PUNISHMENT IN 1977 THAN IN 1958. FOUR ARGUMENTS ARE GENERALLY USED TO SUPPORT THE NEED FOR A MODEL TO REPLACE THE REHABILITATION AND TREATMENT APPROACH; (1) REHABILITATION DOES NOT WORK; (2) PUNISHMENT IS INDISPENSABLE BECAUSE RETRIBUTION IS A NECESSARY INGREDIENT IN ANY CRIMINAL JUSTICE SYSTEM; (3) PUNISHMENT IS AN EFFECTIVE DETERRENT; AND (4) THE INCAPACITATION OF OFFENDERS IS A MAJOR FACTOR IN REDUCING CRIME. ALTERNATIVE MODELS HAVE BEEN PROPOSED, BUT FOUR ARE MOST POPULAR. THE JUSTICE MODEL ADVOCATES DETERMINATE SENTENCING AND SHARP CURTAILMENT OF JUDICIAL AND PAROLE DISCRETION. THE MODEL BASED ON MAKING PUNISHMENT FIT THE CRIME IS ROOTED IN COMMON SENSE NOTIONS OF EQUITY APPLIED BY PERSONS IN THEIR DAILY LIVES. THE OPPORTUNITIES MODEL STATES THAT THE ROLE OF THE CORRECTIONAL SYSTEM IS TO PROVIDE VARIOUS OPPORTUNITIES AND THE NECESSARY HELP FOR THOSE WHO WANT TO CHANGE RATHER THAN TO CHANGE OFFENDERS AND THEIR BEHAVIOR OR ACHIEVE REHABILITATION. THE SECURITY OR INCAPACITATION MODEL STRESSESS THE PROTECTION OF SOCIETY AND POTENTIAL VICTIMS AS THE MAJOR AIM OF THE CRIMINAL JUSTICE SYSTEM. CONSIDERATION IS GIVEN TO THE IMPACT OF VARIOUS APPROACHES TO THE HANDLING OF OFFENDERS ON THE PREVENTION OF FURTHER CRIMINAL ACTS AND ON RECIDIVISM AND ALSO TO HUMANIZATION OF THE PENAL SYSTEM. REFERENCES ARE CITED.