NCJ Number
12295
Date Published
1972
Length
68 pages
Annotation
TWENTY PROPOSALS TO RADICALLY ALTER CORRECTIONS AND ITS THEORY IN THE UNITED STATES.
Abstract
THE CHIEF JUSTICE EARL WARREN CONFERENCE ON ADVOCACY IN THE UNITED STATES ASSERTS THAT AMERICA'S PENAL SYSTEM IS A MAJOR NATIONAL BLIGHT THAT IS TOO OFTEN SWEPT UNDER THE RUG OF PUBLIC CONSCIENCE BY CITIZEN DISINTEREST.THESE REFORMS ARE DIRECTED TOWARD THE ELIMINATION OF PRISONS, INSTITUTIONS WHICH THEY CONTEND ARE USEFUL ONLY TO CAGE SOCIETY'S CASTOFFS. THE REPORT CLAIMS TO STRIP AWAY THE PROTECTIVE COVERING FROM CURRENT SHIBBOLETHS WHICH MANY LABEL 'PROGRESSIVE.' FOR INSTANCE, THE REPORT CONTENDS THAT OUR PAROLE SYSTEM AND THE INDETERMINATE SENTENCE WHICH IS ITS CONCOMITANT, DO NOT IN ACTUAL PRACTICE OPERATE IN RESPONSE TO REHABILITATIVE ACHIEVEMENT, BUT INSTEAD MOST OFTEN ARE BUT A MEANS OF ADDING PUNISHMENT. THE REPORT IS CRITICAL OF 'REHABILITATIVE' PROCEDURES WHICH IT ARGUES CAUSE THE SENTENCING STRUCTURE TO BEAR MOST HEAVILY ON THE POOR. THE PRINCIPAL RECOMMENDATION OF THE CONFERENCE IS THAT IMPRISONMENT BE A LAST RESORT. THE PROSECUTION, ACCORDINGLY, SHOULD BEAR THE BURDEN OF PROVING THAT NO ACCEPTABLE ALTERNATIVE EXISTS. IN ADDITION, THE CONFEREES SUGGESTED THAT 'COMPLAINANT-LESS' OFFENSES, SUCH AS PROSTITUTION, HOMOSEXUALITY, AND GAMBLING, BE DECRIMINALIZED, SINCE THE CRIMINAL LAW AND ITS AGENCIES ARE INAPPROPRIATE REMEDIES FOR SUCH BEHAVIOR. WHERE IMPRISONMENT IS WARRANTED, THE REPORT ARGUES, SENTENCES SHOULD BE PREDETERMINED AND SHORTER THAN THE CURRENT U.S. AVERAGE, BELIEVED TO BE THE LONGEST IN THE WESTERN WORLD. IN ALL, THE CONFEREES PRESENT TWENTY RECOMMENDATIONS FOR REFORM OF THE PENAL SYSTEM. (SNI ABSTRACT)