NCJ Number
8291
Journal
Vital Speeches of the Day Volume: 34 Issue: 6 Dated: (JANUARY 1, 1973) Pages: 182-186
Date Published
1973
Length
5 pages
Annotation
LEGISLATIVE AND JUDICIAL RECOMMENDATIONS STRESSING PUNITIVE MEASURES TO COMPENSATE FOR THE BREAKDOWN OF INTERNAL MORALITY AND THE FAILURE OF EXTERNAL SANCTIONS.
Abstract
ONE CAUSE OF CRIME IS THE CRIMINAL'S JUDGMENT THAT HE CAN GET AWAY WITH WHAT HE IS DOING. THE AUTHOR BELIEVES THAT WE MUST DEVELOP A SYSTEM THAT CONVINCES THE CRIMINAL THAT HE WILL RISK AND LOSE MUCH, TO GAIN LITTLE. SUGGESTED MEASURES INCLUDE REQUIRING NON-UNANIMOUS JURIES, PERMITTING ALL VOLUNTARY STATEMENTS, AND IMPOSING MANDATORY NO-PAROLE FIVE YEAR SENTENCES FOR ANY CRIMINAL - CONDUCT COMMITTED WITH A GUN. RESTORING THE DEATH PENALTY FOR HEINOUS CRIMES AND LIBERALIZING THE EXCLUSIONARY RULE ARE RECOMMENDED. THIS RULE PREVENTS THE PROSECUTION FROM USING RELIABLE, PROBATIVE EVIDENCE IF IT IS A RESULT OF SEARCH OR SEIZURE WHICH WAS OFFENSIVE TO THE CONSTITUTIONAL RIGHTS OF THE DEFENDANT. (AUTHOR ABSTRACT MODIFIED)