Criminal Justice Policies and Ideologies
Chapter 1: Crisis in Criminal Justice Policy
Chapter 2: Criminal Justice Theories and Ideologies
References
Michael Kannensohn, A National Survey of Parole-Related Legislation Enacted During the 1979 Legislative Session. (Washington, D.C.: U.S. Department of Justice, 1979).
John Bartlow Martin, Break Down the Walls: American Prisons-Present, Past, and Future. (New York: Ballantine Books, 1951), pp. 231-244. "Rehabilitation --the dangerous myth".
Francis A. Allen, The Borderland of Criminal Justice. (Chicago: University of Chicago Press, 1964), pp. 25-41.
Marvin E. Frankel, Criminal Sentences, pp. 86-102.
Norval Morris, The Future of Imprisonment. (Chicago: University of Chicago Press, 1974), pp. 1-27.
Robert Martinson, "What works?-questions and answers about prison reform." Public Interest (Spring 1974), pp. 22-54.
Douglas Lipton, Robert Martinson, and Judith Wilks, The Effectiveness of Correctional Treatment: A Survey of Treatment Evaluation Studies. (New York: Praeger Publishers, 1975).
Criminal Justice Theories and Ideologies
The current debates in American criminal justice policy stem from ideological antecedents and are not disconnected from historical context.
Understanding these contemporary debates necessitates examining two foundational schools of thought in criminology: Classical and Positivist.
These schools differ in ideological assumptions, rationale for punishment, and proposed social policies dealing with crime.
A critical discussion expands upon three modern political ideologies: conservative, liberal, and radical.
Ideologies are defined as unprovable sets of assumptions regarding the appropriateness of societal functioning which shape individual perspectives on crime and punishment.
Walter Miller stated that ideology has a profound influence over criminal justice policies and practices, often unnoticed by those involved in these enterprises.
There exists a necessity to be aware of one’s own ideological biases when analyzing crime and punishment, as these biases impact how problems are studied, theories formed, and policies recommended.
The Classical School
Founders: Prominent figures include Cesare Beccaria and Jeremy Bentham who sought the reform of antiquated criminal justice systems prevalent in 18th-century Europe.
Context of Reform: The criminal justice practices included abuses such as trial by torture, arbitrary penalties, and a lack of transparent judicial procedures which treated individuals unfairly.
Social Contract Theorists: Enlightenment theorists like Montesquieu, Rousseau, and Hobbes influenced the views of Beccaria and Bentham, promoting ideas about the social contract, liberty, and the purpose of laws.
Central Assumptions of the Classical School:
Legislative Authority: Only legislatures have the authority to make laws and determine punishments, ensuring public knowledge of laws and penalties.
Rational Beings: Humans are rational actors, influenced by the pursuit of pleasure and avoidance of pain.
Social Harm: Punishment should be proportional to social harm, based on the act rather than on the offender's intentions.
Preventive Nature of Punishment: The main goal of punishment is to prevent crime rather than to enact retribution. Specific and general deterrence are emphasized.
Certainty Over Severity: The certainty and swiftness of punishment are more effective in preventing crime than the severity of punishment.
Rights of the Accused: Legal protections for the accused, including a presumption of innocence and adherence to fair procedures.
Impact of the Classical School: Beccaria's seminal work, Essay on Crimes and Punishments (1764), influenced future penal codes and led to the evolution of legal practices, though strict adherence to classical principles necessarily modified in practice through the neo-classical approach.
The Neo-Classical School
Background: Developed as a response to the practical challenges of applying Classical principles in legal reform. Allowed for individual considerations in criminal sentencing, including factors such as mental incapacity.
Influence: Basis for modern social control agencies, sustaining the idea of voluntary responsibility unless conditions mitigate such accountability.
The Positivist School
Scientific Approach: Positivism emphasizes a scientific methodology applied to the study of criminology, emerging notably from Cesare Lombroso's The Criminal Man (1876).
Defining Features:
Focus on empirical data and objective study of criminal behavior, moving away from strict reliance on free will.
Recognition of multiple causative factors for crime, which can be biological, psychological, or sociological in nature.
Personalized treatment is favored over punishment, as it aims to address the root causes of crime rather than penalizing behavior.
Medical Model: The idea of treating criminal behavior as a disease necessitating remedies led to initiatives focusing on rehabilitation rather than punishment alone.
Legacy: While positivist ideals favor rehabilitation, they emphasize that individualized treatment must take precedence over standardized penalties, which is often referred to as the indeterminate sentence.
Political Ideologies and Criminal Justice Policy
Conservative Ideology:
Focus on maintaining social order, viewing crime as stemming from the breakdown of traditional values and institutions. Promotes punishment as a means of societal protection, placing responsibility on the individual for their actions.
Liberal Ideology:
Seeks to rectify social inequities partially responsible for criminality, viewing crime as a symptom of social structure inadequacies. Supports rehabilitation but has split into factions debating the effectiveness of such an approach.
Radical Ideology:
Critiques the capitalist structure as fundamentally flawed, viewing crime as a result of systemic exploitation and oppression. We advocate for sweeping societal changes to correct deep-rooted inequalities.
Conclusion
The chapter explores how the Classical and Positivist schools, together with conservative, liberal, and radical ideologies, interact to shape current criminal justice policies. The dominance of punishment and rehabilitation reflects ongoing ideological battles influencing criminal justice reform and societal views on crime.