NCJ Number
60023
Date Published
1977
Length
16 pages
Annotation
THE FAILURE OF THE CRIMINAL JUSTICE SYSTEM TO CONTROL TERRORISM INDICATES THE NEED FOR A RADICAL APPROACH TO THE PROBLEM WHICH FEATURES RESTITUTION FOR THE DAMAGE INFLICTED, RATHER THAN LONG-TERM IMPRISONMENT.
Abstract
A RADICAL CRIMINOLOGIC PERSPECTIVE OF THE CRIMINAL JUSTICE SYSTEM DISTINGUISHES BETWEEN THE AGENCIES WHICH DEAL WITH INDIVIDUAL CASES, SUCH AS THE POLICE, AND THE AGENCIES WHICH DEAL WITH THE PRODUCTION OF GENERAL LEGISLATION AND ADMINISTRATION. PUBLIC REACTIONS TO CRIMINAL BEHAVIOR DO NOT PROVIDE ANY INDICATION OF THE SIGNIFICANCE OF SUCH EVENTS FOR THE IMMEDIATE PARTICIPANTS IN CRIMES, WITHIN THE STRUCTURE OF THE CRIMINAL JUSTICE SYSTEM. THE SYSTEM IS UNABLE TO DEAL WITH CRIME BECAUSE CRIME HAS NO COMMON GENESIS AND NOTHING COMMON IN ITS POSSIBILITIES. THE ABOLITION OF THE CRIMINAL JUSTICE SYSTEM IS THEREFORE REQUIRED, ALTHOUGH SUCH AN ABOLITION WOULD NOT NECESSITATE AN END TO POLICE AND THE COURTS. A CHANGE IS REQUIRED IN THE ORIENTATION OF THE POLICE AND JUDGES, PLACING DELINQUENT BEHAVIOR IN THE CIVIL SYSTEM OF JUSTICE. BECAUSE THE CRIMINAL JUSTICE SYSTEM LEGITIMATES VIOLENCE MORE SO THAN THE TERRORISTS DO, THE CRIMINAL JUSTICE SYSTEM IS FUNDAMENTALLY MORE DANGEROUS THAN THE TERRORISTS. WHEN THE VIOLENCE OF THE CRIMINAL JUSTICE SYSTEM IS REJECTED, AND TERRORISM IS DECRIMINALIZED, AN INCIDENT-SPECIFIC APPROACH TO THE COMPENSATION OF VICTIMS SHOULD BE ESTABLISHED. TERRORISM MAY THEN BE PREVENTED BY THE GROWTH OF A SOCIETY WHICH REJECTS ALL VIOLENCE AND WHICH PROVIDES ALL PERSONS WITH A SUFFICIENT MEANS OF EXPRESSION. CRISIS INTERVENTION METHODS WHICH DETAIN TERRORISTS FOR A FEW WEEKS OR MONTHS AND INDEMNIFICATION OF VICTIMS IS RECOMMENDED. NO REFERENCES ARE PROVIDED. (TWK)