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CRIMINOLOGY - POWER, CRIME, AND CRIMINAL LAW

NCJ Number
41849
Author(s)
J F GALLIHER; J L MCCARTNEY
Date Published
1977
Length
561 pages
Annotation
THIS TEXTBOOK IS DEVOTED TO AN ANALYSIS OF THE CRIMINAL JUSTICE SYSTEM AND DISCUSSES CRIMINAL BEHAVIOR MAINLY AS A POLITICAL AND CULTURAL PRODUCT CREATED BY POWERFUL INTEREST GROUPS AND THEIR REPRESENTATIVES.
Abstract
IT PROVIDES AN ALTERNATIVE APPROACH TO THE STUDY OF CRIME BY DEVELOPING AN EXPLICIT ETHICAL ORIENTATION, WHICH LISTS WHAT ARE TAKEN TO BE FUNDAMENTAL HUMAN RIGHTS, TO BE USED AS A GUIDE IN THE STUDY OF CRIME AND CRIMINAL LAW. THE FIRST CHAPTER DEVELOPS THE ETHICAL ORIENTATION AND INDCATES HOW THIS INFLUENCES THE TEXT'S INTELLECTUAL ASSUMPTIONS. THE MORAL PHILOSOPHY OF THE BOOK HINGES UPON THE DISCUSSION OF THE NUREMBURG TRIALS AND THE LIVES AND WORK OF MAHATMA GANDHI AND DR. MARTIN LUTHER KING, JR. THE SECOND CHAPTER TRACES THE HISTORICAL DEVELOPMENT OF A SERIES OF WHAT WERE INITIALLY NEW CRIMINAL LAWS (DRUG, VAGRANCY, PROHIBITION, EMBEZZLEMENT LAWS) AS WELL AS THE HISTORICAL ORIGINS OF MODERN CRIMINOLOGY. SUBSEQUENT CHAPTERS CONSIDER HOW THE AMERICAN POLICE ARE USED BY POWERFUL INTEREST GROUPS AND ELITES TO CONTROL THE BEHAVIOR OF OTHER CITIZENS, ESPECIALLY ECONOMIC AND RACIAL MINORITIES AND EXAMINE THE U.S. COURTS AND THE SPECIFIC WAYS THEY OPERATE TO THE DISADVANTAGE OF MINORITIES. IT IS THEN ARGUED THAT IF LAWS ARE WRITTEN AND ADMINISTERED TO SERVE THE INTERESTS OF POWERFUL GROUPS, THEN GROUPS WITHOUT POWER WILL APPEAR MOST OFTEN IN GOVERNMENT ARREST STATISTICS. OTHER LESS CLASS-BIASED METHODS OF CRIME MEASUREMENT ARE SUGGESTED. SELECTED TYPES OF CRIME ARE FOCUSED UPON INTENTIONALLY TO ILLUSTRATE THE POLITICAL AND CULTURAL PROCESS INVOLVED IN CREATING A TYPE OF CRIME AND HOW THE INTERESTS OF POWERFUL GROUPS ARE SERVED BY THESE DEFINITIONS WHICH THEY USUALLY CONTROL. THE FINAL CHAPTER DISCUSSES ALTERNATIVE MODELS FOR CRIME CONTROL INCLUDING PUNISHMENT AND REHABILITATION. RESEARCH INDICATING THAT THE MOST SEVERE PUNISHMENT IS USUALLY RESERVED FOR ECONOMIC AND RACIAL MINORITIES IS REVIEWED AND THE SELDOM RECOGNIZED COERCIVE POTENTIAL OF REHABILITATION IS DISCUSSED. SOCIETY'S EFFORTS AT CRIME CONTROL ARE CRITICIZED FROM A HUMANIST PERSPECTIVE. EACH CHAPTER IS FOLLOWED BY TWO SELECTIONS WHICH SUPPORT AND ELABORATE THE ARGUMENT CONTAINED IN THE CHAPTER. SUBJECT AND AUTHOR INDEXES ARE PROVIDED. (AUTHOR ABSTRACT)...ELW

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