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Towards a More Pragmatic Penal System

NCJ Number
93645
Journal
Australian and New Zealand Journal of Criminology Volume: 16 Issue: 4 Dated: (December 1983) Pages: 224-230
Author(s)
J J Ray
Date Published
1983
Length
7 pages
Annotation
A positive and more pragmatic approach to the problem of criminality is proposed, following a review of the problems of Australia's present criminal justice system, deterrence, and the crime rate.
Abstract
Problems include the system's failure to protect the public, the way in which dangerous psychopathic rapists and murderers are released after only short periods to go out and repeat their crimes, and the great cost of the prison system. Academic research strongly supports the conclusion that because 99 percent of the population does not engage in crime, this is evidence of how deterring the penalties are. Every possible explanation for the rising crime rate is offered, except the most obvious, i.e., the crime rate is rising. The proposed program advocates protection of the public: caught criminals will not be released unless there is good reason to believe they will abstain from future crime. Under this system, white-collar criminals can be released immediately because the loss of one's good names and position in the community is severe punishment. Many criminals could be let out on day-release programs so that they could contribute to their own upkeep. The only difference would be surveillance for many years to make certain they had abandoned their criminal ways. Those who commit crimes to violence would normally have to be under fairly close custodial control for many years. The new set of priorities would provide a more effective encouragement to intensive and realistic rehabilitation efforts. In sum, the program advocates treating crimes against people with more severity than crimes against property. Twelve notes are supplied.

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