NCJ Number
44542
Date Published
1931
Length
342 pages
Annotation
THE ADMINISTRATION OF CRIMINAL JUSTICE IN THE UNITED STATES IN 1931 IS CRITICALLY EXAMINED; MAJOR RECOMMENDATIONS CONCERNING THE ORGANIZATIONS, METHODS, AND BASIC PRINCIPLES ARE PROPOSED.
Abstract
GENERAL BACKGROUND INFORMATION OF THE PUBLIC PROSECUTOR, THE PUBLIC DEFENDER, AND THE GRAND JURY IS PRESENTED. THE ANALYSIS IS BASED ON THE INFORMATION AND RECOMMENDATIONS CONTAINED IN EXPERT SURVEYS OF THE ADMINISTRATION OF JUSTICE WHICH HAD BEEN MADE BY VARIOUS AGENCIES, OFFICIAL AND UNOFFICIAL, IN A NUMBER OF STATES, CITIES, AND DISTRICTS IN THE UNITED STATES DURING THE 10 OR 15 YEARS PRIOR TO 1931. THE SURVEYS ANALYSIS IS THE WORK OF AN ACTIVE AND WIDELY EXPERIENCED LAWYER. THE REPORT NOTES THAT IN THE PAST DISCUSSION OF THE SUBJECT OF CRIME AND THE OFFENDER, A RELATIVE OVEREMPHASIS HAS BEEN GIVEN TO THOSE MATTERS WHICH RELATE TO THE TRIAL OF THE QUESTION OF GUILT OR INNOCENCE, SUCH AS THE TECHNICALITIES OF TRIAL PROCEDURES, THE COMPOSITION OF JURIES, AND THE LIKE. THE STATISTICS PRESENTED IN THIS REPORT SHOW THAT CRIMINAL CASES ARE PREDOMINANTLY DISPOSED OF BY METHODS AND AGENCIES OTHER THAN JURY TRIAL, AND THAT THE PHASES OR SUBJECTS TO WHICH GREATER EMPHASIS AND ATTENTION NEED TO BE DIRECTED ARE THOSE CONCERNED WITH ADMINISTRATION, E.G., CALIBER AND QUALIFICATIONS OF JUDGES AND PROSECUTORS AND THE STRUCTURAL ORGANIZATION, EQUIPMENT, WORKING, AND OFFICE METHODS OF COURTS, PROSECUTING, AND OTHER PUBLIC AGENCIES ENGAGED IN CRIMINAL JUSTICE. THE REPORT BRINGS OUT THE IMPORTANT FACT THAT THE EFFECTIVENESS OF CRIMINAL JUSTICE AS A REDUCER, PREVENTIVE, OR DETERRENT OF CRIME WILL TURN MAINLY UPON THE INTELLIGENCE WITH WHICH THE PRINCIPLES GOVERNING THE PUNISHMENT. DISPOSITION, OR TREATMENT OF THE CONVICTED OFFENDER ARE DETERMINED AND CARRIED OUT. THE STUDY NOTES THAT THE CRIMINAL TENDENCIES OF THE INDIVIDUAL GENERALLY DISPLAY THEMSELVES EARLY IN LIFE AND ARE OFTEN FIRST MANIFESTED BY ACTS WHICH ARE THOUGHT OF AS MINOR OFFENSES BEFORE PROGRESSING TO GRAVER ONES. THE CRIMINALITY OF ANY INDIVIDUAL HAS CAUSES IN HIS PHYSICAL MAKEUP, HIS PERSONALITY, OR HIS ENVIRONMENT, OR IN ALL OF THEM, AND THE PROBLEM OF MOLDING HIM, IF POSSIBLE, INTO A LAW-OBSERVING AND SOCIALLY ADJUSTED PERSON IS ONE INVOLVING A THOROUGH STUDY OF HIM AS AN INDIVIDUAL, OF HIS ENVIRONMENT, AND OF THE FORM OF PUNISHMENT, DISPOSITION, OR TREATMENT WHICH WOULD GIVE PROMISE OF BENEFICIAL RESULTS. THE PRIMARY AIM OF CHANGES IN THE STRUCTURAL ORGANIZATION, METHODS AND PRINCIPLES OF THE PUBLIC AGENCIES DEALING WITH CRIME AND THE OFFENDER MUST BE THAT OF APPLYING TO EACH INDIVIDUAL CASE THE DISPOSITION OR TREATMENT WHICH FITS THAT INDIVIDUAL'S PROBLEMS. A SEPARATE BIBLIOGRAPHY OF 500 TITLES ON PROSECUTION AND AN INDEX ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED).