NCJ Number
67095
Journal
INTERNATIONAL SOCIAL WORK Volume: 22 Issue: 1 Dated: (1979) Pages: 9-26
Date Published
1979
Length
18 pages
Annotation
THIS ARTICLE RECOMMENDS POLICY CHANGES FOR THE CORRECTIONAL AND CRIMINAL JUSTICE SYSTEM IN INDIA THROUGH A REVIEW OF OVERALL THEORIES AND HISTORY.
Abstract
AMONG THE CHARACTERISTIC DIFFICULTIES OF THE CORRECTIONS FIELD ARE THE DUALITY OF EFFORT (LAW ENFORCEMENT AND CRIME PREVENTION) AND THE CONFLICT OF AIMS (TREATMENT VS. PUNISHMENT). ADDITIONAL COMPLEXITIES ARISE FROM THE GROWTH OF THE PENAL AND CORRECTIONAL SYSTEM AS A CENTRALIZED BUREAUCRACY, AN OUTDATED LEGAL FRAMEWORK WITH CIVIL AND POLITICAL OFFENSES IN THE CRIMINAL CODE, INCREASING CRIME RATES RESULTING IN PRISON OVERCROWDING, AND JURISPRUDENTIAL CONFUSION REGARDING OFFENSE SEVERITY. ALL THESE FACTORS CONTRIBUTE TO THE CALL FOR SYSTEM REFORMS TOWARD DECRIMINALIZATION AND DEPENALIZATION. SINCE THE JUDICIAL SYSTEM IS BASED ON AN ALIEN LEGACY, FORMULATED IN AN ALIEN LANGUAGE AND IDOM, A DISTANCE EXISTS BETWEEN THE PEOPLE, THE SYSTEM, AND ITS ADMINISTRATORS. IF THE SOCIAL SERVICE APPROACH IS TO BECOME EFFECTIVE AND DISPLACE THE LAW-AND-ORDER IDEOLOGY, POLICE REFORM AND COMMUNITY INVOLVEMENT WILL HAVE TO BRIDGE THE GAP BETWEEN THE USERS AND OPERATORS OF THE SYSTEM. THE EXISTING PRACTICE OF CHANNELING THE UNDERPRIVILEGED THROUGH THE SOCIAL DEFENSE MECHANISMS (CRIMINAL LAW, JUDICIARY, POLICE, AND PRISONS) BEFORE THEY CAN GAIN ACCESS TO REHABILITATIVE WELFARE SERVICES MUST BE CHANGED. TO SERVE SOCIAL JUSTICE AND WELFARE OBJECTIVES, COMMUNITY-ORIENTED SOCIOECONOMIC INTERVENTION PROGRAMS, INDEPENDENT OF THE CRIMINAL JUSTICE SYSTEM, WILL HAVE TO BE ESTABLISHED FOR THE NEEDY AND THE LESS WELL-ENDOWED. ATTEMPTS AT CORRECTION AND REHABILITATION SHOULD BEGIN TO FOCUS ON THE UNDERLYING SOCIAL CONDITIONS THAT CAUSE CRIME. AMONG THE RECOMMENDATIONS FOR CHANGE IN THE CORRECTIONAL SYSTEM ARE THE SEPARATION OF CORRECTION FROM CUSTODY, THE DEVELOPMENT OF DECENTRALIZED APPROACHES TO CIVIL DISPUTE SETTLEMENT, AND ALTERNATIVES TO INSTITUTIONALIZATION. LEGAL CODES MUST DECRIMINALIZE CERTAIN OFFENSE CATEGORIES; SENTENCING ALTERNATIVES MUST PROVIDE FOR APPELLATE REVIEW, INDETERMINATE SENTENCES, UNIT FINES, PERIODIC OR INTERMITTENT DETENTION, AND VARIOUS FORMS OF COMMUNITY RELEASE AS WELL AS DIVERSION OPTIONS AT THE PRETRIAL STAGES. A NEW POLICE CONCEPT MUST EMPHASIZE SERVICE RATHER THAN LAW ENFORCEMENT; POLICE AND CORRECTIONAL PERSONNEL MUST BE TRAINED FOR ROLES INCORPORATING INVOLVEMENT RATHER THAN THE AUTHORITY MYSTIQUE. REFERENCES (29 ITEMS) ARE LISTED.