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PUNISHMENT - A TOOTHLESS LION IN THE CRIMINAL JUSTICE SYSTEM

NCJ Number
45695
Author(s)
J P MISCLONE
Date Published
1977
Length
11 pages
Annotation
FALLACIES IN THE PUNISHMENT-DETERRENT MODEL ARE DISCUSSED, AND A REDIRECTION OF THE AIMS OF THE CRIMINAL JUSTICE SYSTEM IS SUGGESTED.
Abstract
EACH INDIVIDUAL VIEWS PUNISHMENT FROM HIS OWN PERSPECTIVE. FOR PERSONS LIVING ON THE FRINGE OF SOCIETY, PLAGUED BY DISCRIMINATION, LACK OF EDUCATION, UNEMPLOYMENT, AND OTHER PROBLEMS, THE THREAT OF PUNISHMENT CARRIES LITTLE OR NO MEANING. ONLY THOSE LEAST LIKELY TO GET INVOLVED WITH THE CRIMINAL JUSTICE SYSTEM ARE DETERRED BY THE THREAT OF PUNISHMENT. THE PROBLEMS OF CRIME ARE THE NATURAL PRODUCT OF SOCIETY. THE PEOPLE WHO POPULATE THE PRISONS ARE PRIMARILY MINORITY PEOPLE LIVING ON THE OUTSIDE OF THE GREAT AMERICAN DREAM. THE CRIMINAL JUSTICE SYSTEM, THOUGH LADEN WITH THE POWER TO PUNISH, CAN HAVE NO EFFECT ON THE REAL ISSUE OF ECONOMICS THAT SO AFFECTS THE CRIME PROBLEM. NEITHER SENTENCING, NOR PUNISHMENT, NOR REHABILITATION CAN HAVE ANY MEASURABLE EFFECT ON ELIMINATING CRIME. THE CRIMINAL JUSTICE SYSTEM SHOULD STOP PRETENDING THAT IT CAN MAKE A MAJOR DIFFERENCE IN CRIME RATES AND SHOULD BEGIN TO CONCENTRATE ON DOING LESS HARM RATHER THAN ON DOING MORE GOOD. MAJOR SOCIETAL REFORM IS THE ONLY CERTAIN WAY TO DIMINISH CRIMINAL ACTIVITY. (LKM)