WHY CRIMINAL LAW? - PARAMETERS FOR EVALUATING OBJECTIVES AND RESPONSE ALTERNATIVES (FROM LAW, JUSTICE, AND THE INDIVIDUAL IN SOCIETY - PSYCHOLOGICAL AND LEGAL ISSUES, 1977, BY J L TAPP AND F J LEVINE - SEE NCJ-47140)

• NCJ Number: 47146
• Author(s): S L SHUMAN
• Date Published: 1977
• Length: 10 pages
• Corporate Author: Holt, Rinehart and Winston
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

CRIMINAL LAW IS ANALYZED IN TERMS OF WHETHER THE PROBLEMS AND OBJECTIVES IT ADDRESSES ARE SUFFICIENTLY PRECISE TO ENABLE ARTICULATION AND EVALUATION OF SOLUTIONS FOR HANDLING DEVIANCE.

Abstract

IT IS CONTENDED THAT AT LEAST FIVE CONDITIONS DETERMINE WHETHER A SOLUTION TO A SOCIAL PROBLEM IS AVAILABLE AND, IF AVAILABLE, WHETHER IT IS EFFECTIVE: (1) THE PROBLEM MUST BE DEFINED SPECIFICALLY ENOUGH TO ALLOW IDENTIFICATION OF A POTENTIAL SOLUTION; (2) THE OBJECTIVES IN EFFECTING A SOLUTION MUST BE SUFFICIENTLY PRECISE TO BE ARTICULATED UNDERSTANDABLY; (3) THE ARTICULATED OBJECTIVES MUST BE SUCH THAT A DECISION PROCEDURE CAN BE CONSTRUCTED FOR ASSESSING THE INSTRUMENTAL EFFICACY OF ALTERNATIVE SOLUTIONS; (4) THE DECISION PROCEDURE MUST BE DEEMED ADEQUATE ON SCIENTIFIC OR OTHER GROUNDS IN THE COMMUNITY; AND (5) THE STRENGTH OF THE SOCIAL, MORAL, AND POLITICAL VALUES UNDERLYING THE OBJECTIVES AND SOLUTIONS MUST BE SUFFICIENTLY UNDERSTOOD TO PERMIT ACCURATE JUDGMENTS ABOUT THE LIKELIHOOD OF COMMUNITY ACCEPTANCE OF ALTERNATIVES. THESE CONDITIONS ARE NOT SATISFIED FOR THE CRIMINAL DEVIANCE PROBLEM. BASIC OBJECTIVES OR GOALS FOR PREVENTION OR SUPPRESSION OF CRIMINAL DEVIANCE CANNOT BE STATED SPECIFICALLY ENOUGH TO PERMIT THE IDENTIFICATION OR EVALUATION OF EFFECTIVE SOLUTIONS. WITHIN THIS FRAMEWORK, THREE CONTEMPORARY APPROACHES TO DEVIANCE -INSTITUTIONALIZATION, CONDITIONING, AND BIOLOGICAL RECONSTRUCTION -- ARE EVALUATED, AND A FOURTH ALTERNATIVE -- REPLACING CRIMINAL LAW WITH TORT REMEDIES -- IS CONSIDERED. (AUTHOR ABSTRACT MODIFIED--LKM)