Wolfgang, Marvin E.

English

Northwestern University Illinois, School of Law: Scholarly Commons

Journal of Criminal Law and CriminologyVolume 64 | Issue 2 Article 11973Perspectives on Innovation and Reform inCriminal Justice - ForwardMarvin E. WolfgangFollow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclcPart of the Criminal Law Commons, Criminology Commons, and the Criminology and CriminalJustice CommonsThis Symposium is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted forinclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons.Recommended CitationMarvin E. Wolfgang, Perspectives on Innovation and Reform in Criminal Justice - Forward, 64 J. Crim. L. & Criminology 139 (1973)SYMPOSIUMPERSPECTIVES ON INNOVATION AND REFORMIN CRIMINAL JUSTICEFOREWORDMARVIN E. WOLFGANG*The notion of having a collection of articles onthe periphery of traditional thinking occurred tous on the editorial staff nearly a year ago. We be-lieved that an entire issue of the Journal shouldbe devoted to new suggestions for analysis of thecriminal justice system. Our purpose in this enter-prise is to stimulate the creative imagination ofour readers, who include researchers, lawyers,agency administrators, judges, and others who arecapable of influencing the minds and conduct ofmen and institutions. There is no substantivetheme to this symposium. But there are elementsthat link this otherwise disparate collection of ar-ticles: new analytic perspectives of old problems,with innovative suggestions for reform in criminaljustice.Whether engaged in research or the administra-tion of criminal justice, people have values thatguide or govern their decisions. The canons of sci-ence and the principals of justice are sets of valueswhich form ideologies. Walter Miller increases ourawareness of the ways in which these ideologiesaffect the functioning of the police, jurists, scholars,and others who work in the field. He points outthat the intrusion of these values must be analyzedcarefully if we are to understand their impact onmajor decisions affecting offenders and the socialinstitutions that deal with them.While Walter Miller views a broad perspective,James Thompson and Gary Starkman draw a nar-xow focus. Their subject is the judicial acceptanceof the "citizen informant" doctrine in the law ofsearch and seizure. The authors suggest that whenthe informant is an "ordinary citizen," as victimor witness to a crime, law enforcement officersneed provide no further evidence of reliability in* Ph.D., 1955, University of Pennsylvania; Professorand Director, Center for Studies in Criminology andCriminal Law, University of Pennsylvania; CriminologyEditor, Journal of Criminal Law and Criminology.applying for a search warrant. Acceptability ofthis doctrine requires close and logical reasoningand satisfaction that adequate safeguards will beprovided against abuse.Suggestions for abolishing the grand jury arenot new, but Judge William Campbell not onlyconcludes the grand jury argument, he makesspecific suggestions for its replacement. WilliamHamilton and Charles Work discuss anothermalady of the criminal justice system-the back-log of cases in the courts. Instead of advocatingmore judges and more courts, they analyze a newmanagement program for the prosecutor's office.Their suggestions of diverting some cases whilegiving priority to others coupled with careful,systematic evaluation and preparation for trialwould lead to a major reform of the system.The computer is man's servant, but man is stillmaster. His fallibility is still reflected in the faultychoice of inputs and his incapacity to cope withinformation outputs. The human mind, says LeslieWilkins, rather than the computer, is increasinglyfaced with the problem of information overload.His warning should serve not only to alert butalso to suggest solutions.In a different vein, Alfred Blumstein and Jac-queline Cohen formulate a model, with empiricaltesting, of a homeostatic process reflected in so-ciety's use of sanctions against criminal deviants.They seek to show that there has been a stabilityof punishment over time relative to what is de-fined as criminal; that increased tolerance for de-viance reduces the use or severity of punishment.The formulation and its empirical demonstrationoffer insights for the future of criminal justice.John Conrad's article reviews the rise of therehabilitative rationale and examines the modem-day realization that rehabilitation is not achievablewithin our self-defeating and environmentally alienSYMPOSIUMprison system. He offers guidelines for the future ofpunishment which aim toward satisfying the twingoals of justice and the protection of society.As can be noted by an excursion of these arti-des, the symposium has provided the authors theopportunity to present more than simply descrip-tive pieces of research or legal history. The writersoffer arguments supporting specific positions; theytake their stands and push our thinking beyondthe borders of the traditional. These are thoughtsnot meant to revolutionize but to reform a faultysystem of criminal justice. If revisions and rebuttalare stimulated by this symposium, we shall haveaccomplished our purpose.

Perspectives on Innovation and Reform in Criminal Justice - Forward

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Perspectives on Innovation and Reform in Criminal Justice - Forward

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