NCJ Number
58339
Journal
University of Toledo Law Review Volume: 10 Issue: 2 Dated: (WINTER 1979) Pages: COMPLETE ISSUE
Date Published
1979
Length
390 pages
Annotation
THIS SERIES OF SYMPOSIUM PAPERS DEALS WITH REFORM OF THE CRIMINAL JUSTICE SYSTEM AND ITS INSTITUTIONS, ADDRESSING SUCH ISSUES AS CAPITAL PUNISHMENT, FEMALE PRISON GUARDS, USE OF MASTERS IN REFORM LITIGATION, AND PAROLE.
Abstract
THE SYMPOSIUM WAS DEDICATED TO DECEASED CRIMINOLOGIST, HANS MATTICK, AND A BRIEF BIOGRAPHICAL SKETCH POINTS OUT THE MAIN INTEREST OF HIS WORK: THE DEATH PENALTY, ITS DETERRENT EFFECT, AND ITS CONSTITUTIONALITY. A SECOND ARTICLE BUILDS ON MATTICK'S WORKS TO CONCLUDE THAT CAPITAL PUNISHMENT HAS NO DETERRENT EFFECT. MATTICK'S CONTENTION THAT OUR PERCEPTIONS OF THE CRIMINAL JUSTICE SYSTEM DO NOT COINCIDE WITH REALITY IS SUPPORTED IN ANOTHER PAPER WHICH SHOWS HOW THE SYSTEM HAS FAILED TO REDUCE CRIME RATES. AN EXAMINATION OF THE POLITICAL INFLUENCES ON OUR CRIMINAL JUSTICE SYSTEM ARGUES THAT SUCH INFLUENCES HAVE HAD A DEBILITATING EFFECT. LATER PAPERS MOVE FROM THEORY TO PRACTICAL SUGGESTIONS AND STUDIES. RECOMMENDATIONS ARE OFFERED ON HOW TO SEXUALLY INTEGRATE THE PRISON GUARD FORCE AND EFFORTS BY THE FEDERAL JUDICIARY TO ENSURE CORRECTIONAL REFORM ARE EXAMINED. AN INVESTIGATION OF PAROLE IN ENGLAND AND WALES LEADS TO THE SUGGESTION THAT EVEN THOUGH PRISONERS SHOULD NOT BE GIVEN 'DUE PROCESS' RIGHTS, SOME INNOVATIONS (E.G. DAYTRAINING CENTERS AND SUPPORTED EMPLOYMENT) HAVE TO BE MADE IN THE SYSTEM. STUDENT ESSAYS ARE PRESENTED ON STANDARDS FOR EVALUATING CONDITIONS OF PRETRIAL DETENTION, MUNICIPAL LIABILITY FOR SECTION 1983 ACTIONS AS SPELLED OUT IN MONELL V. DEPARTMENT OF SOCIAL SERVICES (436 U.S. 658 (1978) ), THE REDUCTION OF STATES' 11TH AMENDMENT IMMUNITY RESULTING FROM HUTTO V. FINNEY (437 U.S. 678 (1978) ), A DISCUSSION OF LICENSING RESTRICTIONS AGAINST EX-OFFENDERS, AND RECIDIVIST LAWS UNDER THE EIGHTH AMENDMENT. FOOTNOTES ARE PROVIDED FOR SOME OF THE ARTICLES. (KCP)