NCJ Number
36704
Journal
Journal of Social Issues Volume: 31 Issue: 4 Dated: (1975) Pages: 197-216
Date Published
1976
Length
20 pages
Annotation
THIS ARTICLE ADDRESSES ITSELF TO THE PSYCHOLOGICAL BASIS OF THE LEGAL SYSTEM, EXAMINING ATTITUDES TOWARD CRIME AND PUNISHMENT AND ANALYZING THE PSYCHOLOGICAL AND CULTURAL PROCESSES UNDERLYING THEM.
Abstract
PARTICULAR ATTENTION IS PAID TO THE NONLEGAL OR LAY PERSON (THE OBSERVER). THE FOCAL QUESTION OF THIS ANALYSIS IS WHAT DETERMINES THE REACTION THAT PEOPLE HAVE TO A CRIMINAL VIOLATION AND TO A KNOWN OFFENDER, ESPECIALLY THE MAGNITUDE AND KIND OF PUNISHMENT WHICH THE OBSERVER WOULD LIKE TO HAVE ADMINISTERED TO THE OFFENDER, QUESTIONS OF BLAME AND CAUSAL RESPONSIBILITY, VICTIM INVOLVEMENT, PERCEIVED SERIOUSNESS OF A VIOLATION, VICTIM/OFFENDER RELATIONS, AND MOTIVATIONS FOR PUNISHMENT ARE CONSIDERED. IT IS PROPOSED THAT PROTOLEGAL MORAL AND ETHICAL VALUES FUNCTION IN NORMATIVE FASHION TO DETERMINE THE PERSON'S JUDGMENTS OF VIOLATIONS AND REACTIONS TO OFFENDERS, AND THAT THE EXISTENCE OF THESE VALUE SETS HAS IMPORTANT IMPLICATIONS FOR THE BEHAVIOR OF THOSE ENGAGED IN DEALING WITH CRIME WITHIN THE LEGAL SYSTEM. REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED)