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POLITICS OF THE SAFE STREETS ACT, 1965-1973 - A CASE STUDY IN EVOLVING FEDERALISM AND THE NATIONAL LEGISLATIVE PROCESS

NCJ Number
66718
Author(s)
B MAHONEY
Date Published
1976
Length
323 pages
Annotation
POLITICAL INFLUENCES ON THE CRIMINAL JUSTICE LEGISLATIVE PROCESS, DIFFICULTIES IN IMPLEMENTING FEDERAL GRANT PROGRAMS, AND OBSTACLES TO THE IMPLEMENTATION OF THE TITLE I PROGRAM ARE DISCUSSED.
Abstract
THIS STUDY ANALYZES THE PROCESS OF POLICY FORMULATION AND PROGRAM IMPLEMENTATION WHICH HAS OCCURRED WITH RESPECT TO TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. THE ROLE OF CONGRESS IN DENYING BROAD DISCRETIONARY AUTHORITY TO FEDERAL ADMINISTRATIVE OFFICIALS IS DISCUSSED, AND THE EXPERIENCE OF THE LEAA PROGRAM BETWEEN 1968 AND 1973 IS RELATED, INCLUDING SPECIFIC PROBLEMS ENCOUNTERED. THEY INCLUDED DEEP-ROOTED SOCIETAL CONFLICTS OVER THE NATURE OF THE CRIME PROBLEM AND APPROPRIATE WAYS OF ADDRESSING IT, STATUTORY AMBIGUITY REGARDING PROGRAM GOALS, A MULTIPLICITY OF PARTICIPANTS INVOLVED IN THE POLICY PROCESS AT EVERY LEVEL OF GOVERNMENT, AND A SCARCITY OF RESOURCES AVAILABLE TO TITLE I IN COMPARISON TO THE EXTENT AND COMPLEXITY OF THE CRIME PROBLEM. THE STUDY WAS CONDUCTED PARTLY THROUGH INTERVIEWS WITH LAW ENFORCEMENT AND CRIMINAL JUSTICE OFFICIALS, POLITICIANS, AND LAW SCHOLARS. THE STUDY CONCLUDED THAT CONGRESS HAD THE DOMINANT ROLE IN SHAPING THE FINAL CONTENT OF TITLE I LEGISLATION, NOT A SUBORDINATE ROLE TO THE PRESIDENCY. THE BASIC BLOCK GRANT STRUCTURE OF THE TITLE I PROGRAM WAS ALSO FOUND TO BE A FLEXIBLE ONE, ALLOWING FOR DECENTRALIZATION OF PLANNING AND DAY-TO-DAY OPERATIONAL RESPONSIBILITY. CRITICISMS OF THE LEAA PROGRAM WERE ADDRESSED BY CONGRESS IN AMENDING THE LEGISLATION. CONGRESS PLAYED AN INDEPENDENT, CONSTRUCTIVE, AND RESPONSIVE ROLE IN THIS CASE. THE AMENDED TITLE I LEGISLATION, EMBODYING A MODIFIED BLOCK GRANT CONCEPT, IS DESCRIBED AS A POSSIBLE MODEL FOR FUTURE FEDERAL GRANT PROGRAMS IN WHICH BOTH STATE AND LOCAL GOVERNMENTS HAVE IMPORTANT STAKES. FOOTNOTES ARE INCLUDED. AN APPENDIX LISTS PERSONS INTERVIEWED FOR THIS STUDY ALONG WITH THEIR OFFICIAL TITLES AND POSITIONS AT THE TIME OF THE INTERVIEWS. A BIBLIOGRAPHY OF APPROXIMATELY 110 REFERENCES IS APPENDED.