NCJ Number
41
Date Published
1971
Length
17 pages
Annotation
SEVEN PRINCIPLES SHOULD BE APPLIED TO DETERMINE WHETHER CRIMINAL LAW IS PROPERLY USED TO CONTROL CONDUCT.
Abstract
THE COMMITTEE BELIEVES SEVEN PRINCIPLES SHOULD BE APPLIED IN DETERMINING WHETHER CRIMINAL LAW IS PROPERLY USED TO CONTROL CONDUCT. (1) THE LAW CANNOT SUCCESSFULLY MAKE CRIMINAL WHAT THE PUBLIC DOES NOT WANT MADE CRIMINAL. (2) NOT ALL THE ILLS OR ABERRANCIES OF SOCIETY ARE THE CONCERN OF THE GOVERNMENT. GOVERNMENT IS NOT THE ONLY HUMAN INSTITUTION TO HANDLE THE PROBLEMS, HOPES, FEARS OR AMBITIONS OF PEOPLE. (3) EVERY PERSON SHOULD BE LEFT FREE OF THE COERCION OF CRIMINAL LAW UNLESS HIS CONDUCT IMPINGES ON OTHERS AND INJURES OTHERS, OR IF IT DAMAGES SOCIETY. (4) WHEN GOVERNMENT ACTS, IT IS NOT INEVITABLY NECESSARY THAT IT DO SO BY MEANS OF CRIMINAL PROCESSES. (5) SOCIETY HAS AN OBLIGATION TO PROTECT THE YOUNG. (6) CRIMINAL LAW CANNOT LAG FAR BEHIND A STRONG SENSE OF PUBLIC OUTRAGE. (7) EVEN WHERE CONDUCT MAY PROPERLY BE CONDEMNED AS CRIMINAL UNDER THE FIRST SIX PRINCIPLES, IT MAY BE THAT THE ENERGIES AND RESOURCES OF CRIMINAL LAW ENFORCEMENT ARE BETTER SPENT BY CONCENTRATING ON MORE SERIOUS THINGS. THIS IS A MATTER OF PRIORITIES. THE REPORTS OF THE COMMITTEE DEAL WITH THE QUALITATIVE ASPECTS OF NON-VICTIM CRIME AND ALSO CONSIDER THE COSTEFFECTIVENESS OF ENFORCING THE PRESENT LAWS. (AUTHOR ABSTRACT)