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NCJ Number: 50333 Find in a Library
Title: CRIMINAL JUSTICE REFORM - A CRITIQUE (FROM AUSTRALIAN JUSTICE SYSTEM, 2D ED., 1977, BY DUNCAN CHAPPELL AND PAUL WILSON - SEE NCJ-50316)
Author(s): D BROWN
Corporate Author: Butterworth
Canada
Date Published: 1977
Page Count: 21
Sponsoring Agency: Butterworth
Scarborough, Ontario M1P 451, Canada
Format: Document
Language: English
Country: Australia
Annotation: DECRIMINALIZATION AS A REFORM STRATEGY IS CRITICIZED, AND A BASIC REDEFINITION OF THE CRIMINAL LAW TO REMOVE BASIC INJUSTICES OF THE CAPITALIST SYSTEM IS PROPOSED AS AN ALTERNATIVE REFORM STRATEGY.
Abstract: IT IS NOTED THAT ONE OF THE MAJOR MOVEMENTS FOR REFORM IN CRIMINAL JUSTICE HAS BEEN THE DECRIMINALIZATION OF BEHAVIOR HAVING TO DO WITH ISSUES OF MORALITY ABOUT WHICH THERE ARE A VARIETY OF OPINIONS AND VIEWPOINTS. BEHAVIOR THAT IS THE FOCAL POINT FOR DECRIMINALIZATION IS CONSIDERED BY ITS ADVOCATES AS A REFORM THAT WILL CONCENTRATE THE EFFORTS OF LAW ENFORCEMENT ON AN EFFICIENT AND EFFECTIVE EFFORT TO REDUCE CRIME THAT SERIOUSLY THREATENS THE MAINTENANCE AND ACCUMULATION OF PRIVATE PROPERTY AND PERSONAL SAFETY. FROM THE AUTHOR'S PERSPECTIVE, DECRIMINILIZATION DOES NOT STRIKE AT THE FOUNDATIONS OF SOCIOECONOMIC INJUSTICE, WHICH ARE PRESENTLY PROTECTED BY LAWS ENACTED UNDER THE INFLUENCE OF POWERFUL, PROFIT-SEEKING CAPITALISTS, WHOSE PRINCIPAL AIM IS CONSIDERED TO BE THAT OF BUILDING AND MAINTAINING A SOCIOECONOMIC STRUCTURE FROM WHICH THEY CAN DERIVE INCREASING PROFITS. A BRIEF HISTORY OF AUSTRALIA'S DEVELOPMENT IS PRESENTED TO SHOW THAT THE LAND AND LIVES OF THE NATIVE POPULATION WERE DISREGARDED BY IMMIGRANTS WHO FORCED THEIR SYSTEM OF LAWS ON A POWERLESS PEOPLE TO LEGITIMIZE EXPLOITATION UNDER A CAPITALIST SOCIOECONOMIC SYSTEM. WITHOUT GIVING DETAILS ABOUT SPECIFIC LAWS, IT IS PROPOSED THAT A GENERAL REDEFINITION OF THE SYSTEM OF LAW BE UNDERTAKEN THAT WOULD ESTABLISH THE EQUALIZATION OF MATERIAL REWARDS DERIVED FROM THE ECONOMY BY CRIMINALIZING EXPLOITATIVE ECONOMIC BEHAVIOR THAT WOULD CREATE AN IMBALANCE OF WEALTH AND PROPERTY AMONG THE POPULATION. (RCB)
Index Term(s): Australia; Critiques; Decriminalization; Law reform
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50333

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