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SOCIO-POLITICAL BARRIERS TO CORRECTIONAL REFORM (FROM PUNISHMENT - PERSPECTIVES IN A CIVILIZED SOCIETY, 1977, BY ISABELLE COLLORA ET AL - NCJ-56676)

NCJ Number
56681
Author(s)
E CZAJKOSKI
Date Published
1977
Length
10 pages
Annotation
CHARACTERISTICS OF BUREAUCRACIES WHICH MUST BE TAKEN INTO ACCOUNT IN ANY ATTEMPTS TO REFORM THE CRIMINAL JUSTICE SYSTEM ARE DISCUSSED.
Abstract
IN FORMER YEARS. ADMINISTRATORS AND ADMINISTRATIVE BUREAUCRACIES WERE VIEWED AS MERE MECHANICAL IMPLEMENTERS OF POLICIES SET BY ELECTED REPRESENTATIVES AND EXECUTIVES. CURRENT CHARACTERISTICS OF GOVERNMENTAL BUREAUCRACIES MAKE THIS VIEW INCREASINGLY DIFFICULT TO DEFEND. BUREAUCRATS WIELD EFFECTIVE POWER IN DETERMINING AND INFLUENCING ANY POLICY OR LEGISLATION LIKELY TO AFFECT THEIR DOMAIN. IN THE AFTERMATH OF 'WATERGATE,' HOWEVER, THERE HAS BEEN AN EFFORT TO EXPAND LEGISLATIVE POWER OVER BUREAUCRATIC EXPRESSIONS OF EXECUTIVE POWER THROUGH THE EXPANSION OF LEGISLATIVE STAFFS OF SPECIALISTS, LEGISLATIVE OVERSIGHT OF BUREAUCRATIC MANAGEMENT, 'SUNSET' PROPOSALS WHICH CAN TERMINATE AGENCY OPERATIONS, LEGISLATIVE BUDGETARY MONITORING SYSTEMS, AND AN INCREASING INCLUSION OF PRECISE INSTRUCTIONS IN LEGISLATION REGARDING ITS IMPLEMENTATION. IN SPITE OF THESE EFFORTS OF THE LEGISLATIVE BRANCH TO GAIN ASCENDANCY OVER EXECUTIVE BUREAUCRACIES, A CONSIDERABLE POLICYMAKING POWER AND INFLUENCE REMAINS WITH THESE AGENCIES PARTICULARLY AS REGARDS THE CRIMINAL JUSTICE SYSTEM. IT IS AXIOMATIC THAT BUREAUCRACIES ARE FORMED AS A RESULT OF PRESSURES FROM SPECIAL INTEREST GROUPS AND LATER TEND TO SERVE THOSE GROUPS. WHILE THIS MAY BE DISADVANTAGEOUS TO THOSE NOT REPRESENTED BY SUCH SPECIAL INTEREST GROUPS, BUREAUCRACIES CAN BECOME EFFECTIVE ADVOCATES FOR VARIOUS GROUPS IN SOCIETY WITHOUT ADEQUATE REPRESENTATION IN THE LEGISLATIVE BRANCH. BUREAUCRACIES HAVE TWO CHARACTERISTICS WHICH MAY HINDER CERTAIN TYPES OF REFORM--THE URGE FOR SURVIVAL AND THE EXISTENCE OF A PRODUCTION AND EFFICIENCY VALUE SYSTEM. CRIMINAL JUSTICE REFORMS WHICH DIMINISH A CRIMINAL JUSTICE BUREAUCRACY ARE LESS LIKELY TO SUCCEED THAN THOSE THAT EXPAND OR MAINTAIN THE BUREAUCRACY. ALSO, PROGRAMS DESIGNED TO INCREASE THE PRODUCTION AND EFFICENCY OF THE BUREAUCRACY GAIN MORE ATTENTION THAN THOSE DESIGNED TO IMPROVE THE QUALITY OF SERVICE RENDERED. EXAMPLES ILLUSTRATING THIS PERSPECTIVE ARE GIVEN IN THE AREAS OF REHABILITATION, DIVERSIONARY PROGRAMS, AND DRUG TREATMENT PROGRAMS. (RCB)