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Transinstitutionalization and an overburdened judicial system

G B Palermo1

  • 1Medical College of Wisconsin, Milwaukee, USA.

Medicine and Law
|July 1, 1998
PubMed
Summary

Punishment in the U.S. is complex due to transinstitutionalization. Reforms hinder judicial fairness and deter crime, necessitating a reorganization of social institutions.

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Area of Science:

  • Criminology
  • Sociology of Law
  • Public Policy

Background:

  • Increasing transinstitutionalization complicates the U.S. justice system.
  • Plea bargaining and pleading reforms have introduced complexities.
  • Concerns exist regarding the loss of judicial fairness and crime deterrence.

Purpose of the Study:

  • To analyze the complexities of punishment in the United States.
  • To evaluate the impact of justice system reforms on fairness and deterrence.
  • To propose a reorganization of social institutions involved in justice.

Main Methods:

  • Conceptual analysis of the U.S. justice system.
  • Review of reforms in plea bargaining and pleading.
  • Discussion of transinstitutionalization's effects.

Main Results:

  • The administration of justice has become more complex.
  • Judicial fairness is often compromised by current practices.
  • The deterrent effect of punishment on criminal offenders has diminished.

Conclusions:

  • A reorganization of social institutional roles is essential.
  • Addressing complexities in the justice system is critical.
  • Restoring fairness and deterrence requires systemic change.

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