ABSTRACT

Theories about criminal justice policy might be divided, somewhat crudely, into three basic approaches—social work, crime control, and legal moralism. Civil rights liberals, who might have been expected to agree with the social work ideology's emphasis on benefiting the offender, were suspicious of the unfettered discretion that the system allowed. When crimes occur, it is not a failure of legal moralist ideology, but rather a personal failing on the part of the offender, or the failure of the system to sufficiently implement legal moralist ideology. Crime control ideology's interest in the rational allocation of prison space may, however, sneak in "through the back door," as prosecutors waive the third strike for offenders when they feel a long sentence would be inappropriate. The 1994 federal Crime Bill offers some limited proof that a social work approach to crime policy may be showing some feeble signs of life.