WHY NIJ (NATIONAL INSTITUTE OF JUSTICE) SHOULD BE SEPARATE FROM THE JUSTICE DEPARTMENT

• NCJ Number: 53269
• Journal: Judicature Volume: 62 Issue: 6 Dated: (DECEMBER/JANUARY 1979) Pages: 301-305
• Author(s): R H HALL
• Date Published: 1978
• Length: 5 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: ADAPTED FROM A SPEECH GIVEN BEFORE THE BOARD OF DIRECTORS OF THE AMERICAN JUDICATURE SOCIETY AT THEIR ANNUAL MEETING, AUGUST 1978

Annotation

THE IMPORTANCE OF AUTONOMY FOR AN NIJ IS DISCUSSED, WITH REFERENCE TO THE ADVERSE EFFECTS LACK OF INDEPENDENCE FROM POLITICAL PRESSURES HAS HAD ON LEAA'S RESEARCH PERFORMANCE.

Abstract

LEAA'S AUTHORIZING LEGISLATION EXPIRES OCTOBER 1, 1979, AND CONGRESS IS CONSIDERING PROPOSALS FOR RESTRUCTURING THE FEDERAL GOVERNMENT'S JUSTICE ASSISTANCE EFFORT. A PROPOSAL SPONSORED BY THE CARTER ADMINISTRATION AND SENATOR EDWARD KENNEDY ENVISIONS A THREE-PART ORGANIZATION WITHIN THE U.S. JUSTICE DEPARTMENT. THIS ORGANIZATION, CALLED THE OFFICE OF JUSTICE ASSISTANCE, RESEARCH AND STATISTICS, WOULD ENCOMPASS THE LEAA, AN NIJ, AND A NEW BUREAU OF CRIMINAL JUSTICE STATISTICS. THE AMERICAN BAR ASSOCIATION (ABA) HAS CALLED FOR THE ESTABLISHMENT OF AN NIJ INDEPENDENT OF THE JUSTICE DEPARTMENT. THE ABA PROPOSAL, WHICH HAS BEEN INTRODUCED BY SENATOR BIRCH BAYH AND OTHERS IN THE SENATE AND BY CONGRESSMAN PETER RODINO IN THE HOUSE, WOULD ESTABLISH A STRUCTURE SIMILAR TO THAT OF THE NATIONAL SCIENCE FOUNDATION. A REVIEW OF THE HISTORY OF THE LEAA'S NATIONAL INSTITUTE OF LAW ENFORCEMENT AND CRIMINAL JUSTICE (NILECJ) CITES SEVERAL STUDIES CRITICAL OF THE NILECJ'S RESEARCH RECORD. THE EXTENT TO WHICH LACK OF AUTONOMY HAS BEEN RESPONSIBLE FOR NILECJ'S PROBLEMS IS NOTED. SEVEN PRINCIPAL DANGERS LIKELY TO RESULT FROM FAILING TO MAKE AN NIJ AUTONOMOUS ARE NOTED: PREOCCUPATION WITH RESULTS AND WITH GRANT-MAKING ACTIVITY, PROBLEMS IN OBTAINING COOPERATION FROM STATE AND FEDERAL COURTS, FEDERAL-STATE DISHARMONY, LOW PRIORITY IN THE BUDGET, LACK OF OPPORTUNITY FOR DIVERSE INPUT, AND CREDIBILITY PROBLEMS. OTHER SHORTCOMINGS OF THE CARTER-KENNEDY PROPOSAL ARE CITED, AND REASONS FOR ESTABLISHING AN AUTONOMOUS NIJ ARE DISCUSSED. THE PRIMARY ADVANTAGE OF AN INDEPENDENT NIJ IS SAID TO BE THAT IT WOULD PROVIDE A NEUTRAL FORUM WHERE STATE AND FEDERAL JUDGES, OTHER JUSTICE PROFESSIONALS, ACADEMICIANS, AND REPRESENTATIVES OF THE PUBLIC COULD BE HEARD. BY ITS NATURE, VISIBILITY, AND CREDIBILITY, SUCH AN ORGANIZATION COULD DEVELOP A NATIONAL CONSENSUS ON JUSTICE PROBLEMS IN THE UNITED STATES. (LKM)