skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 64521 Find in a Library
Title: MORALITY AND THE LAW (FROM ANATOMY OF CRIMINAL JUSTICE A SYSTEM OVERVIEW, 1980, BY CLEON H FOUST AND D ROBERT WEBSTER - SEE NCJ-64520)
Author(s): D BAZELON
Corporate Author: Lexington Books
United States of America
Date Published: 1980
Page Count: 11
Sponsoring Agency: Lexington Books
New York, NY 10022
Format: Document
Language: English
Country: United States of America
Annotation: CRIME IS DISCUSSED AS A PRODUCT OF POVERTY, AND TWO METHODS OF CRIME PREVENTION, STRICT LAW ENFORCEMENT AND FOSTERING GREATER MORALITY AND EQUALITY, ARE EXAMINED.
Abstract: ALTHOUGH MANY BELIEVE SOCIAL ORDER TO BE IMPORTANT ENOUGH TO WARRANT HARSH LAWS AND CRIME PUNISHMENTS, THIS PAPER ARGUES THAT, SINCE CITIZENS WILL COMMIT FEWER CRIMES AS THEY GROW MORE MORAL, MORAL AND FAIR CRIMINAL LAW ARE WHAT IS NECESSARY. ALTHOUGH SOCIETY AND COURTS ASSUME THAT CRIMINAL ACTS INVOLVE WRONG INTENT AND RESULT FROM FREE CHOICES BETWEEN RIGHT AND WRONG, MORAL RESPONSIBILITY IS FAR MORE COMPLEX THAN RIGHT OR WRONG DECISIONS. JURIES, AS COMMUNITY REPRESENTATIVES, SHOULD BE FREE TO DECIDE MORAL RESPONSIBILITY IN CRIMINAL CASES, TAKING ENVIRONMENTAL FACTORS INTO CONSIDERATION WHEN MAKING JUDGMENTS. THIS VIEW, HOWEVER, HAS OPPONENTS WHO CLAIM THAT CRIMINALS SHOULD BE HELD RESPONSIBLE FOR THEIR BEHAVIOR AND THAT MORAL RESPONSIBILITY SHOULD BE DEFINED BY LEGISLATURES AND JURIES' JUDGMENTS SHOULD BE GUIDED BY LAW. OPPONENTS ALSO CLAIM THAT TREATING RATHER THAN PUNISHING CRIMINALS MAY LEAD TO INVASIONS OF PRIVACY AND CURTAILMENTS OF FREEDOM AND THAT THE LIBERAL SOCIAL SCIENCE APPROACH TO CRIME HAS PROVEN INEFFECTIVE. BUT THE STRICT LAW ENFORCEMENT VIEW IGNORES KNOWN FACTORS OF CRIME SUCH AS POVERTY. JURY SELCTION AND THE CRIMINAL JUSTICE SYSTEM SHOULD ACCORDINGLY TAKE ENVIRONMENTAL CRIME CAUSES, SUCH AS POVERTY, INTO ACCOUNT, AND CITIZENS SHOULD MAKE AN EFFORT TO ELIMINATE POVERTY. NOTES FOLLOW THE ARTICLE. (PAP)
Index Term(s): Cause removal crime prevention; Custody vs treatment conflict; Indigents
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64521

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.