Is the Time Right for a Paradigm Shift? Where we have been and where we Might be Going
DOI:
https://doi.org/10.6000/1929-4409.2022.11.14Keywords:
Philosophy of criminal justice, punishment, safety, paradigm shiftAbstract
Over the years there have been a number of paradigms and concomitant shifts in criminal justice. Each paradigm shift follows a general discontentment with the existing paradigm. This is crucial because with change comes a new operating system designed to, at the least, protect society. When the paradigm is not doing its job, crisis can ensue. Current attitudes towards the criminal justice system raise the question, are we in a moment of crisis? This article explores the history of shifts in the criminal justice system, where we are now, and were we might be going.
References
Beccaria, C. (1986). On crimes and punishments. (D. Young, Trans.). Indianapolis, IN: Hackett Publishing. (Original work published in 1764.)
Beck, A.J. & Harrison, P.M. (2001). Prisoners in 2000. Washington, DC: United States Department of Justice.
Brantingham, P.J., & Faust, F.L. (1979). Juvenile justice philosophy: Readings, cases and comments. St. Paul, MN: West Publishing Company.
Bronstein, J. (2009). Retribution’s role. Indiana Law Journal, 84, 1129-1156.
Carlsmith, K.M. (2006). The roles of retribution and utility in determining punishment. Journal of Experimental Social Psychology 42(4), 437-451. https://doi.org/10.1016/j.jesp.2005.06.007 DOI: https://doi.org/10.1016/j.jesp.2005.06.007
Carson, E.A. (2020). Prisoners in 2018. Washington, DC: United States Department of Justice.
Conrad, P. & Schneider, J. (1980). Deviance and medicalization. St. Louis, MO: Mosby.
Feld, B. C. (2000). Legislative exclusion of offenses from juvenile court jurisdiction: A history and critique. In J. Fagan & F.E. Zimring (eds.), The changing borders of juvenile justice: Transfer of adolescents to the criminal court (pp. 83-144). Chicago: The University of Chicago Press.
Jeffrey, C.R. (1979). Biology and crime. Beverly Hills, CA: Sage Publications.
Justice Policy Institute (2020). The presence of school resource officers in America’s schools. Washington, DC: Justice Policy Institute.
Kuhn, T.S. (1962). The structure of scientific revolutions. Chicago: The University of Chicago Press.
Lombroso, C. (1911). Crime. (H. Horton, Trans.). Montclair, NJ: Gardner Patterson
Smith. (Original work published in 1876.)
Nisbet, R. (1973). The social philosophers: Community and conflict in western thought. New York: Crowell Publishing.
Palmer, R.R. & Colton, J. (1978). A history of the modern world to 1815 (5th ed.). New York: Alfred A. Knopf.
Pfohl, S. (1994). Images of deviance and social control: A sociological history. New York: McGraw-Hill, Inc.
Reese, H.W. & Overton, W.F. (1970). Model of development and theories of development. In L.R. Goulet & P.B. Bates (Eds.), Life-span developmental psychology (pp. 115-145). New York: Academic Press. https://doi.org/10.1016/B978-0-12-293850-4.50011-X DOI: https://doi.org/10.1016/B978-0-12-293850-4.50011-X
Shaw, C.R. & McKay, H.D. (1972). Juvenile delinquency and urban areas (rev. ed.). Chicago: University of Chicago Press. (Originally published in 1942.)
Travis, III L.F. Criminal sentencing: Goals, practices and ethics. In M.C. Braswell, B.R. McCarthy & B.J. McCarthy (Eds.), Justice, crime and ethics (8th ed.). Waltham, MA: Anderson Publishing.
United States Department of Justice (1994). Violent Crime Control and Law Enforcement Act of 1994. Washington DC: United States Department of Justice. Retrieved on October 12 from https://www.ncjrs.gov/txtfiles/billfs.txt
Weiler, S.C. & Cray, M. (2011). Police at school: A brief history and current status of school resource officers. Clearing House: A Journal of Educational Strategies, Issues and Ideas, 84(4), 160-163. https://doi.org/10.1080/00098655.2011.564986 DOI: https://doi.org/10.1080/00098655.2011.564986
Wilson, J.Q. (1975). Thinking about crime. New York: Vintage Publishing.
Wolfgang, M. (1961). Pioneers in criminology: Cesare Lombroso. Journal of Criminal Law, Criminology, and Police Science, 46, 361-369. https://doi.org/10.2307/1141263 DOI: https://doi.org/10.2307/1141263
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