SOME THOUGHTS ON THE CRIMINAL LAW AND THE FUTURE

Authors

  • E PATRICK HARTT

Abstract

The author focuses on the so-called value crisis facing the criminal justice system, emphasizing the need to rethink the whole approach to criminal sanction. He surveys the evolution of the criminal system, illustrating a polarity between competing visions of the criminal law as a tool either of control and enforcement or of aid and peace, and between visions of prisons as either institutions of treatment or institutions of punishment. He argues it is becoming increasingly clear that past methods are inadequate for a society engaged in a search for new values and discusses those things that must be done in order to ensure that future laws serve the needs of future societies. Finally, he discusses the role of the courts in regulating the relationship between individual and state and the need for choices in all of the above areas.

Keywords:

Criminal Law, Penal Reform

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Published

1973-03-01

Issue

Section

Speech