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THINKING PRACTICALLY ABOUT CRIME (FROM ASSESSING THE CRIMINAL - RESTITUTION, RETRIBUTION, AND THE LEGAL PROCESS, 1977 BY RANDY E BARNETT AND JOHN HAGEL 3D SEE NCJ-46958)

NCJ Number
46959
Author(s)
J Q WILSON
Date Published
1977
Length
13 pages
Annotation
PROBLEMS OF COORDINATION AMONG ALL OF THE VARIOUS ELEMENTS OF THE CRIMINAL JUSTICE SYSTEM -- CITIZENS, POLICE, COURTS, AND PRISONS -- ARE DISCUSSED.
Abstract
THE CONCEPT AND IDEAL OF THE REHABILITATION OF OFFENDERS IS IN RETREAT, ALTHOUGH THE INSTITUTIONAL FORMS OF 'PSEUDO-REHABILITATION' REMAIN. IN ITS PLACE HAVE ARISEN RETRIBUTIVIST AND UTILITARIAN THEORIES OF PUNISHMENT, IN PART OUT OF POPULAR FRUSTRATION OVER RISING CRIME RATES AND IN PART OUT OF CONCERN OVER THE INJUSTICES OF THE JUDICIAL AND CORRECTIONAL SYSTEMS. THIS CHANGING EMPHASIS IS BRINGING ABOUT MORE PRACTICAL DISCUSSIONS CONCERNED WITH ACHIEVING THE SWIFT, CERTAIN, AND EQUAL IMPOSITION OF PENALTIES. ONE OF THE GREATEST PROBLEMS IS THAT THE CRIMINAL JUSTICE SYSTEM IS NOT A COORDINATED SYSTEM -- ALL OF ITS MANY COMPONENTS DO NOT WORK TOGETHER TO ACHIEVE THESE GOALS. THE CITIZEN IS THE FIRST ELEMENT. THERE ARE MANY REASONS WHY CITIZENS DO NOT COOPERATE IN BRINGING CRIMINALS TO JUSTICE; COSTS TO THE VICTIM CAN BE HIGH. THE FEAR OF REPRISAL FROM CRIMINALS, THE LOSS IN TIME AND WAGES FROM APPEARING IN COURT, AND THE CONFUSION OF COURT TESTIMONY ARE SELDOM OFFSET BY CORRESPONDING BENEFITS. YET CRIMES CANNOT BE SOLVED UNLESS THEY ARE FIRST REPORTED, AND MANY ARE SOLVED ONLY THROUGH COOPERATION AND INFORMATION OFFERED BY VICTIMS AND WITNESSES. POLICE BEHAVIOR ALSO MAKES A DIFFERENCE IN CRIME RATES. THE HIGHER THE PROBABILITY OF AN ARREST, THE LOWER THE RATE AT WHICH THAT CRIME IS COMMITTED. HOWEVER, WIDE DIFFERENCES EXIST IN POLICE ARREST RATES, ALTHOUGH THERE IS NO SATISFACTORY EXPLANATION OF THIS FACT. CRIMES ALSO GO UNPUNISHED WHEN PROSECUTION IS DECLINED. PROSECUTORS MAY DO THIS BECAUSE OF INSUFFICIENT EVIDENCE, HEAVY WORKLOADS, OR A DISINTEREST IN CERTAIN KINDS OF OFFENSES. OFTEN THEIR REASONS DO NOT CONTRIBUTE TO THE CAUSE OF JUSTICE OR TO A REDUCTION IN CRIME. JUDICIAL DISCRETION AND SENTENCING DISCREPANCIES ARE OF CONCERN IN THE FAIR APPLICATION OF THE LAW. THERE ARE A NUMBER OF POSSIBLE EXPLANATIONS OF DIFFERENCES IN SENTENCING FROM ONE JUDGE AND FROM ONE DEFENDANT TO ANOTHER: PERSONAL IDIOSYNCRACIES OF THE JUDGE; PEER GROUP PROCESSES AT WORK IN THE COURT; OR THE INTERACTIONS BETWEEN PROSECUTORS, JUDGES, AND THE DEFENSE. WHATEVER THE REASON, THERE IS A SUBSTANTIAL AMOUNT OF VARIATION IN SENTENCING THAT IS NOT RELATED TO THE FACTS OF THE CASE OR THE NATURE OF THE DEFENDANT. FINALLY, A MAJOR CONSTRAINT ON ANY SENTENCING PRACTICE IS THE REAL OR PERCEIVED SHORTAGE OF ADEQUATE SPACE IN A CORRECTIONAL PROGRAM. THE BASIC PROBLEM IS, THEN, THAT EACH COMPONENT OF THE CRIMINAL JUSTICE SYSTEM BEHAVES AS IF EACH SOUGHT CHIEFLY TO MINIMIZE ITS OWN COSTS. THE AUTHOR SUGGESTS SOME CHANGES THAT COULD BE ADOPTED TO PROVIDE GREATER INCENTIVES FOR SYSTEM PARTICIPANTS TO ACT IN WAYS MORE CONSISTENT WITH THE GOAL OF CRIME REDUCTION: FOR VICTIMS AND WITNESSES, PROGRAMS OF VICTIM COMPENSATION AND RESTITUTION WHICH REQUIRE THE FULL COOPERATION OF THE VICTIM IN REPORTING THE CRIME AND IDENTIFYING THE ACCUSED; FOR POLICE, DEPARTMENTAL POLICIES THAT REDUCE THE TIME AND ENERGY REQUIRED FOR OFFICERS TO COMPLETE AN ARREST. PROSECUTORS SHOULD ORGANIZE PROGRAMS FOR DEALING QUICKLY AND ACCURATELY WITH THE MOST SERIOUS OFFENDERS; JUDICIAL DISCRETION SHOULD BE REDUCED TO AVOID EXCESSIVE INEQUITY IN SENTENCING. (VDA)