NCJ Number
59907
Date Published
1979
Length
200 pages
Annotation
A THEORETICAL FOUNDATION FOR AN OPTIMAL CRIME CONTROL POLICY IS PRESENTED THAT CONSIDERS THE CRIMINAL JUSTICE SYSTEM AS THE MOST STRATEGICALLY IMPORTANT DETERMINANT OF CRIMINAL BEHAVIOR.
Abstract
TO IMPLEMENT CRIMINAL LAW AS A TOOL OF SOCIETY'S MORAL EDUCATION, CRIMINAL LAW MUST FULFILL CERTAIN PREREQUISITES DEDUCED FROM THE GENERAL PROPOSITIONS OF BEHAVIORAL SCIENCE; IN PARTICULAR, PUNISHMENT MUST BE IMPOSED WITH JUSTICE, CONSISTENCY, AND CERTAINTY. PUNISHMENT OF VARIOUS VICTIMLESS CRIMES, PLEABARGAINING, INDETERMINATE SENTENCES, AND MUCH OF THE DISCRETIONARY AUTHORITY OF JUDGES, PROSECUTORS, AND POLICE OFFICERS RUN AGAINST SUCH PREREQUISITES AND SHOULD BE ELIMINATED. ONLY THEN CAN SOCIETY EFFECTIVELY CONTROL CRIME; PUNISHABLE BEHAVIOR WILL BECOME MUCH MORE UNIVERSALLY PERCEIVED AS INTRIMSICALLY WRONG AND THEREFORE TO BE AVOIDED. HOWEVER, AN ANALYSIS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM INDICATES THAT THE SYSTEM DISREGARDS THE EDUCATIVE POTENTIAL OF CRIMINAL PUNISHMENT. THIS OVERSIGHT IS AN OUTCOME OF A DOUBLE FALLACY: (1) THERE IS A TENDENCY TO OVERLOOK THE STRATEGIC IMPORTANCE OF CRIMINAL SANCTIONS FOR CONTROLLING CRIME IN FAVOR OF OTHER MEANS, SUCH AS SOCIAL ONES AND (2) THERE IS A MISCONCEPTION OF THE ROLE OF CRIMINAL LAW EVEN ON THE PART OF THOSE WHO APPRECIATE ITS IMPORTANCE. THE BOOK DEALS WITH ISSUES FROM THE PERSPECTIVES OF THE PSYCHOLOGY, SOCIOLOGY, AND LAW. REFERENCES NOTES, A BIBLIOGRAPHY, AND AN INDEX ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--PRG)