NCJ Number
47175
Journal
Center Magazine Volume: 10 Issue: 4 Dated: (JULY/AUGUST 1977) Pages: 39-42
Date Published
1977
Length
4 pages
Annotation
PEOPLE EXPECT TOO MUCH FROM THE CRIMINAL JUSTICE SYSTEM. PRIORITIES MUST BE ESTABLISHED, EMPHASIZING REDUCTION OF VIOLENT AND PREDATORY CRIMES.
Abstract
THE PUBLIC HAS BEEN LED TO EXPECT TOO MUCH FROM THE CRIMINAL JUSTICE SYSTEM IN THAT THE SYSTEM CANNOT REFORM SOCIETY OR CURE ITS ILLS. PRIORITIES IN CRIME CONTROL MUST BE REORDERED. RESOURCES MUST BE ALLOCATED MORE INTELLIGENTLY. THE REALLOCATION MUST BEGIN WITH THE PROPOSITION THAT THE PRIME FUNCTION OF THE CRIMINAL JUSTICE SYSTEM IS THE PROTECTION OF PERSONS AND PROPERTY FROM VIOLENT AND PREDATORY CRIME. THE GOVERNMENT SHOULD DIVERT ITS LIMITED RESOURCES FROM THOSE AREAS OF CRIME WHICH RESULT IN LESS SOCIAL HARM THAN VIOLENT AND PREDATORY CRIME. AN ADMINISTRATIVE LAW OF CRIME MUST BE DEVELOPED, FOR THE POLICE AND COURTS TODAY ARE CONCERNED WITH MATTERS THAT THEY WERE TRADITIONALLY NOT INTENDED TO HANDLE. TRADITIONAL CRIMINAL LAW CANNOT DEAL WITH THE NEW TYPES OF CRIME THAT HAVE EMERGED, SUCH AS CORPORATE CRIMINALITY OR INDUSTRIAL CRIMES. THE POLICE AND COURTS CANNOT HANDLE THE CRIMINAL CHARGES ARISING FROM THE GROWING REGULATORY, AS DISTINCT FROM PROHIBITORY, REACH OF CRIMINAL LAW. FURTHERMORE, THE OPERATION OF CRIMINAL LAW IN THE AREA OF VICTIMLESS CRIME HAS WASTED RESOURCES. THE PROBLEM IS THAT THE CRIMINAL JUSTICE SYSTEM IS ILL-EQUIPPED TO PROTECT THE PUBLIC FROM OTHER THAN TRADITIONAL CRIMES. IN SHORT, THERE ARE THREE TYPES OF CRIMES: PREDATORY, BUSINESS, AND VICTIMLESS. IT IS SUGGESTED THAT POLICE AND COURTS DEAL WITH PREDATORY CRIMES, THAT BUSINESS CRIMES BE HANDLED BY ENFORCEMENT AGENCIES, AND THAT VICTIMLESS CRIMES BE HANDLED FROM AN ADMINISTRATIVE PERSPECTIVE. (DJM)