NCJ Number
19762
Date Published
1973
Length
207 pages
Annotation
A STUDY OF THE SOURCES OF SLOW RESPONSE OF THE CRIMINAL JUSTICE SYSTEM TO THE CHALLENGES IT FACES, UTILIZING THE DEVELOPING EVOLUTIONARY THEORY OF ECONOMIC CHANGE AS A FRAMEWORK FOR THE ANALYSIS.
Abstract
THIS THEORY LOOKS AT THE ORGANIZATION OF EFFORTS TOWARD PRODUCING AND MAKING USE OF KNOWLEDGE. THE FOCUS IS ON THE MECHANISMS BY WHICH NEW IDEAS ARE GENERATED (INVENTION) AND SCREENED WITH THE 'BETTER' ONES ADOPTED (INNOVATION) IN GENERAL PRACTICE (DIFFUSION). OF PARTICULAR IMPORTANCE IS THE DEGREE OF PUBLIC CONTROL OVER THESE PROCESSES. PUBLIC CONTROL IS EXERCISED THROUGH TWO EVOLUTIONARY PROCESSES: ORGANIZATIONAL SEARCH ACTIVITY, AND THE SELECTION ENVIRONMENT. FIRST, A VIEW OF THE CRIMINAL JUSTICE SYSTEM AS AN ECONOMIC ACTIVITY IS PRESENTED. A BRIEF DISCUSSION ON THE INADEQUACY OF THE EXISTING SYSTEM AND THE NECESSITY TO IMPROVE THE REFORM PROCESS IS PROVIDED, AND A REVIEW OF PRIOR EFFORTS BY ECONOMISTS TO UNDERSTAND THE SYSTEM IS INCLUDED. THIS THEORETICAL FRAMEWORK IS THEN APPLIED TO TWO CASE STUDIES IN CRIMINAL JUSTICE: THE SYSTEM OF PRETRIAL RELEASE ON PERSONAL RECOGNIZANCE, AND THE SYSTEM OF JUDICARE UNDER WHICH CLIENTS WITH LOW INCOME MAY CHOOSE A PRIVATE LAWYER, WITH THE GOVERNMENT PAYING THE LAWYER'S FEE. BOTH STUDIES ARE POSITIVE, FOCUSING ON 'WHAT HAPPENS', NOT WHAT 'SHOULD' HAPPEN. FINALLY, THE USEFULNESS OF THE THEORETICAL FRAMEWORK IS REVIEWED, AND SOME GENERALIZATIONS ABOUT THE PROCESS OF CHANGE IN THE CRIMINAL JUSTICE SYSTEM SUGGESTED BY THE CASE STUDIES ARE PRESENTED. (AUTHOR ABSTRACT MODIFIED)