NCJ Number
18938
Date Published
1965
Length
273 pages
Annotation
THIS STUDY OF THE RELATIONSHIP OF POOR PEOPLE TO AND THEIR PROCESSING BY THE CRIMINAL JUSTICE SYSTEM IS BASED ON THE ASSUMPTION THAT JUSTICE IS NOT INTENDED TO BE EQUAL FOR THE POOR.
Abstract
AS A RESULT OF A LITERATURE REVIEW AND AN ANALYSIS OF SELECTED ARREST AND DISPOSITION STATISTICS, THE AUTHOR AFFIRMS THAT 'THIS SOCIETY VIEW REJECTS, AS UNEQUAL, ALL OF ITS MEMBERS WHO HAVE POVERTY AS THEIR COMMON DENOMINATOR'. SOME OF THE FACTORS RESPONSIBLE FOR THIS FOLLOW BELOW. THE FACTOR OF SOCIAL STRATIFICATION WHICH IN ITS DEMOCRATIZED FORM HAS REAFFIRMED ITSELF AS DECISIVE IN OUR MODERN INDUSTRIALIZED SOCIETY. THE FACTOR OF STATUS WAS HELD TO BE CENTRAL IN THE BUREAUCRATIZATION AND ROUTINIZATION OF THE SOCIETAL MANIFESTLY POSITIVE EFFORTS AS APPLIED BY THE BROKERS OF SOCIETY, AND WAS HELD TO HAVE SUPERCEDED THE ORIGINAL GOAL: HELP FOR THE POOR. THE EMERGENCE OF PROBLEMS SPECIFIC TO AN INDUSTRIALIZED SOCIETY WERE SHOWN TO HAVE CONSOLIDATED SOCIAL INEQUALITY RATHER THAN WEAKENED IT. PERPETUATING THE VICIOUS CIRCLE WHICH KEEPS THE POOR IN POVERTY. AN EXAMINATION OF LOWER COURT JUDICIAL ADMINISTRATION HAS SUPPORTED THE POSITION THAT THE VERY BELIEF IN EQUAL JUSTICE HAS LED THE SOCIETY TO LEGITIMIZE INJUSTICE FOR THE POOR. SIMILARLY, THE VERY IDEOLOGY OF EQUALITY WAS SEEN TO BE DECISIVE FOR THE INSTITUTIONALIZATION OF INEQUALITY. THE BELIEF THAT MAN IS UNIQUE AND ENDOWED WITH WILL AND REASON, HENCE, THE FINAL DETERMINANT IN HIS OWN FATE, IS HELD TO BE MOST PERVASIVELY INTERNALIZED IN TO THE IDEATION OF HIS SOCIETY. ITS INFLUENCE IS BASIC IN SHAPING THE IDEAS WHICH: CONTRIBUTE TO SOCIETY'S NEGATIVE AND HOSTILE VIEW OF THE POOR; AND PREVENT SOCIETY FROM RESOLVING ITS CONFLICT IN DECIDING WHETHER HELP EQUALITY - AND JUSTICE FOR THE POOR IS A MATTER OF RIGHT OR A MATTER OF GRACE. (AUTHOR ABSTRACT)