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POLITICS OF CRIMINAL JUSTICE REFORM

NCJ Number
40324
Author(s)
C E TEASLEY
Date Published
1977
Length
15 pages
Annotation
THIS ARTICLE ANALYZES THE BASIC DIRECTIONS OF CRIMINAL JUSTICE REFORM, THE POLITICAL IMPLICATIONS OF THOSE DIRECTIONS, AND EVIDENCE OF SUCCESSFUL IMPLEMENTATION AND COOPERATION IN THE CRIMINAL JUSTICE COMMUNITY.
Abstract
EMPHASIS IN THIS PAPER IS ON THE REFORMS PROPOSED BY THE NATIONAL ADVISORY COMMISSION ON CRIMINAL JUSTICE STANDARDS AND GOALS. TWO BASIC REFORM TRENDS ARE IDENTIFIED: SYSTEMIZATION AND CENTRALIZATION OF CRIMINAL JUSTICE AGENCIES, AND A CONCERN FOR HUMANISM AND EQUITY IN THE CRIMINAL JUSTICE PROCESS. NOTING THAT CRIMINAL JUSTICE AGENCIES ARE BY THEIR NATURE POLITICAL, THE AUTHOR STATES THAT THE BASIC PROBLEM OF THE CRIMINAL JUSTICE SYSTEM IS DETERMINING THE PROPER RELATIONSHIP BETWEEN THE TWO POLITICAL ROLES OF THE SYSTEM - TO DETERMINE GUILT AND PUNISHMENT, AND TO REDUCE THE LEVEL OF CRIME. THE AUTHOR EXAMINES CURRENT REFORM EFFORTS IN THE FIELD OF CRIMINAL JUSTICE, AND OBSERVES THAT THERE HAS BEEN LITTLE SUPPORT FOR THE HUMANISM/EQUITY APPROACH TO REFORM. THE SYSTEMIZATION APPROACH HAS ALSO RECEIVED ONLY LIMITED SUPPORT. THE AUTHOR CONCLUDES THAT THE NATIONAL ADVISORY COMMISSION REPORTS FAILED TO CONSIDER SEVERAL IMPORTANT POLITICAL FACTS OF LIFE; SPECIFICALLY, THAT THE ADVISORY COMMISSION FAILED TO REALIZE THAT THEY MUST HAVE THE SUPPORT OF OPERATING AGENCIES; THAT THE REPORTS FAILED TO CONSIDER THE POLITICAL ENVIRONMENT OF THE VARIOUS AGENCIES; AND THAT THE PROPOSED REFORMS WOULD BE POLITICALLY UNPOPULAR SINCE THEY WOULD RESTRICT THE POLITICAL POWER OF CRIMINAL JUSTICE AGENCIES....DMC