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EQUITY AND REPUBLICAN JUSTICE

NCJ Number
48546
Journal
Annals of the American Academy of Political and Social Science Volume: 423 Dated: (JANUARY 1976) Pages: 152-161
Author(s)
L T WILKINS
Date Published
1976
Length
10 pages
Annotation
A HISTORY OF THE PUBLIC EXPECTATIONS OF CORRECTIONS IS REVIEWED AND ASSESSED, AND REALISTIC EXPECTATIONS FOR THE FUTURE ARE PROPOSED.
Abstract
THE VIEW THAT CORRECTIONS CAN CHANGE THE CRIMINAL BEHAVIOR OF OFFENDERS TO BRING REASONABLE CONFORMITY TO THE NORMS OF SOCIETY IS BELIEVED TO BE ROOTED IN THE ETHICAL OUTLOOK OF THE QUAKERS PROPAGATED SOME 200 YEARS AGO. THIS OUTLOOK WAS BUTTRESSED BY THE MORE RECENT ADVOCATION OF THE 'MEDICAL-CLINICAL' BELIEF THAT THE SCIENTIFIC CONTROL OF THE INFLUENCES IN AN INDIVIDUAL'S ENVIRONMENT CAN MODIFY BEHAVIOR IN PREDICTABLE WAYS. IT IS THE AUTHOR'S ACKNOWLEDGED VIEW THAT ANY TREATMENT THAT MIGHT SUCCEED IN DOING THIS WOULD BE SO INTERVENTIONIST AS TO CONSTITUTE AN INTOLERABLE AND IMMORAL INVASION OF A PERSON'S RIGHTS UNDER OUR AFFIRMED CONSTITUTIONAL PROVISIONS. THE ABILITY OF A CORRECTIONAL SYSTEM TO ACCOMPLISH PLANNED AND PREDICTABLE BEHAVIOR MODIFICATION IS BELIEVED TO HAVE BEEN PROVEN A FAILURE. THE CONTINUING USE OF A PRISON OR TYPE OF CONFINEMENT SYSTEM FOR DEVIANTS IS CONSIDERED A CERTAINTY BECAUSE OF THE PUBLIC'S DESIRE TO ISOLATE SUCH PERSONS AND LIMIT THE EFFECTS OF THEIR BEHAVIOR ON 'NORMAL' CITIZENS. CORRECTIONS ALSO PROVIDES A CATHARTIC PROCESS FOR A SOCIETY VICTIMIZED BY DEVIANT BEHAVIOR THROUGH WHAT IS DEEMED PUNISHMENT TO FIT THE CRIME. WITH THE EROSION OF GENERALLY ACCEPTED ABSOLUTE VALUES AND THE GROWING NUMBER OF LAWS TO REGULATE THE SOCIAL AND ECONOMIC BEHAVIOR OF AN INCREASINGLY COMPLEX SOCIETY, IT IS BELIEVED THE MOST THAT CAN BE HOPED FOR FROM THE CRIMINAL JUSTICE SYSTEM IS 'EQUITY.' EQUITY IMPLIES THAT WHATEVER A STANDARD FOR BEHAVIOR MIGHT BE, ALL PERSONS MEASURED BY THAT STANDARD SHOULD BE TREATED THE SAME IN THE DETERMINATION OF GUILT AND THE APPLICATION OF SANCTIONS. THIS DOES NOT NECESSARILY IMPLY 'JUSTICE' BECAUSE THE STANDARD ITSELF MAY NOT BE ABSOLUTELY JUST FROM SOME POINT OF VIEW THAT WOULD MEASURE ABSOLUTE 'RIGHT' AND 'WRONG.' IT IS INDICATED THAT WHATEVER INDIVIDUAL BEHAVIORAL CHANGES MAY BE SOUGHT SHOULD BE LEFT TO AGENCIES AND PROGRAMS OUTSIDE THE CRIMINAL JUSTICE SYSTEM THAT DEAL WITH ECONOMIC AND SOCIAL ISSUES MUCH BROADER THAN THE PERSONALITY OF THE INDIVIDUAL OFFENDER. NOTES ARE PROVIDED. (RCB)