NCJ Number
55732
Date Published
1978
Length
11 pages
Annotation
JUSTIFICATIONS FOR PUNISHMENT USED BY THE CRIMINAL JUSTICE SYSTEM, REHABILITATION, DETERRENCE, AND INCAPACITATION, ARE DISCUSSED IN VIEW OF THEIR VALIDITY.
Abstract
RESEARCH OVER THE PAST DECADE HAS FOCUSED MOST INTENSIVELY ON REHABILITATION, PRIMARILY BECAUSE THERE WAS A WIDESPREAD IDEOLOGICAL COMMITMENT TO THE CONCEPT AND BECAUSE EVALUATION OF TREATMENT PROGRAMS IS RELATIVELY EASY TO CARRY OUT. UNFORTUNATELY, WHEREVER EVALUATION HAS BEEN RIGOROUS, EVALUATORS APPEAR TO FIND NO DISCERNIBLE DIFFERENCE IN THE POST-TREATMENT RECIDIVISM OF THE TREATMENT GROUP AS COMPARED WITH THE CONTROL GROUP. THE ACCUMULATION OF PESSIMISTIC FINDINGS ON REHABILITATION SHOULD INFLUENCE PUBLIC POLICY TO THE EXTENT THAT IMPLICATIONS ARE PURSUED. REGARDING INCAPACITATION AND DETERRENCE, RESEARCH SHOULD TRY TO BALANCE THE SOCIAL COSTS ASSOCIATED WITH CRIME MORE EFFECTIVELY AGAINST THOSE OF CRIME CONTROL. THIS BALANCE SHOULD BE BASED ON ACCURATE INFORMATION NOT POLITICAL IDEOLOGY. RESEARCH ISSUES RELATING TO DETERRENCE ARE MORE COMPLICATED THAN THOSE ASSOCIATED WITH REHABILITATION EVALUATION, HOWEVER, THE LITERATURE DOES ESTABLISH THAT HIGHER SANCTIONS ARE ASSOCIATED WITH LOWER CRIME RATES, BUT THAT MANY POSSIBLE EXPLANATIONS FOR THIS ASSOCIATION ARE POSSIBLE. FOR EXAMPLE, THOSE JURISDICTIONS WHICH HAVE HIGH CRIME RATES (WHICH COULD BE GENERATED BY DEMOGRAPHIC OR SOCIOECONOMIC DIFFERENCES) ARE MORE LIKELY TO HAVE THEIR POLICE, PROSECUTORS, COURTS, AND PRISONS SATURATED, SO THAT THEY LACK THE RESOURCES TO PUNISH MORE. FINALLY, ATTAINING A MAJOR REDUCTION IN CRIME THROUGH INCAPACITATION IS LIKELY TO REQUIRE A SIGNIFICANT INCREASE IN THE ALREADY OVERCROWDED PRISON POPULATION. IT IS CONCLUDED THAT WE ARE NOW MUCH CLOSER TO UNDERSTANDING WHAT WORKS IN ALL THREE AREAS, ALTHOUGH MORE RESEARCH IS NECESSARY. A GRAPH IS INCLUDED. (LWM)