Book: The Thomas Sowell Reader
Quotes of Book: The Thomas Sowell Reader
1:THE "CRISIS": Although Chief Judge Bazelon said in 1960 that "we desperately need all the help we can get from modern behavioral scientists"69 in dealing with the criminal law, the cold facts suggest no such desperation or crisis. Since the most reliable long-term crime data are on murder, what was the murder rate at that point? The number of murders committed in the United States in 1960 was less than in 1950, 1940, or 1930-even though the population was growing over those decades and murders in the two new states of Hawaii and Alaska were counted in the national statistics for the first time in 1960.70 The murder rate, in proportion to population, was in 1960 just under half of what it had been in 1934.71 As Judge Bazelon saw the criminal justice system in 1960, the problem was not with "the so-called criminal population"72 but with society, whose "need to punish" was a "primitive urge" that was "highly irrational"73-indeed, a "deep childish fear that with any reduction of punishment, multitudes would run amuck."74 It was this "vindictiveness," this "irrationality" of "notions and practices regarding punishment"75 that had to be corrected. The criminal "is like us, only somewhat weaker," according to Judge Bazelon, and "needs help if he is going to bring out the good in himself and restrain the bad."76 Society is indeed guilty of "creating this special class of human beings," by its "social failure" for which "the criminal serves as a scapegoat."77 Punishment is itself a "dehumanizing process" and a "social branding" which only promotes more crime.78 Since criminals "have a special problem and need special help," Judge Bazelon argued for "psychiatric treatment" with "new, more sophisticated techniques" and asked: Would it really be the end of the world if all jails were turned into hospitals or rehabilitation centers?79 book-quote
