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CRIMINAL POLICY IN SEARCH OF ITSELF - FRANCE (FROM ARCHIVES DE POLITIQUE CRIMINELLE, V 2. 1977)

NCJ Number
60171
Author(s)
J B DECELIS
Date Published
1977
Length
58 pages
Annotation
THE DEVELOPMENT OF CRIMINAL POLICY AS AN AUTONOMOUS FIELD IS DISCUSSED.
Abstract
WHILE CRIMINAL POLICY IS RELATED TO BOTH CRIMINAL LAW AND CRIMINOLOGY, THE JURIST TENDS TO CONCENTRATE ON LAWS, AND THE CRIMINOLOGIST, ESPECIALLY UNDER THE INFLUENCE OF SOCIOLOGY, FOCUSES ON INDIVIDUALS IN TROUBLE, WITH NEITHER GROUP CONSIDERING POLICY. RESEARCH IS NEEDED ON INFORMATION VITAL TO DECISIONMAKERS, E.G., ON EXISTING LAW, OPINIONS OF THOSE WHO APPLY LAWS, SOCIAL VALUES, PUBLIC OPINION, AND PRACTICES IN VARIOUS SYSTEMS. THE RESEARCH CONDUCTED BY THE INTERNATIONAL SOCIETY FOR SOCIAL DEFENSE ON CRIMINAL POLICY AND ADDICTION AND MARC ANCEL'S OBSERVATIONS ON PROBLEMS OF VIOLENCE FROM THE STANDPOINT OF CRIMINAL POLICY PROVIDE MODELS FOR FOCUS AND METHOD. THE CRIMINAL POLICY FIELD IS SUPPORTED BY CRIMINOLOGISTS SEEKING APPLICATIONS FOR THEIR RESEARCH AND DECISIONMAKERS SEARCHING FOR MEANS TO COMBAT CRIME. OBJECTIVES ARE A SYSTEM OF SOCIAL REACTION AGAINST CRIME AND TOTAL REVAMPING OF CRIME-FIGHTING METHODS. COMMON ATTITUDES OF MOST SOCIOLOGICAL APPROACHES ARE THAT RULES AND INSTITUTIONS, NOT ONLY INDIVIDUALS, SHOULD BE STUDIED AND THAT DELINQUENTS AND NONDELINQUENTS ARE SIMILAR IN NATURE, DIFFERENTIATED ONLY BY LABELING, STIGMATIZATION, AND SOCIOECONOMIC MARGINALIZATION. RADICAL CRIMINOLOGY REJECTS THE SOCIAL PATHOLOGY VIEW WHICH ISOLATES THE 'DEVIANT' WHO REFUSES TO CONFORM AND EMPHASIZES THE POLITICAL NATURE OF ANY DEFINITION OF DEVIANCE. THE CRIMINAL POLICY FIELD SUPPORTS DEVELOPMENT OF CRIME PREVENTION MEASURES AND EXAMINATION OF LAWS AND INSTITUTIONS FOR POSSIBLE SOURCES OF ANTISOCIAL BEHAVIOR, WITH DECRIMINALIZATION AND ESTABLISHMENT OF COMMISSIONS TO REFORM THE PENAL SYSTEM, AS NECESSARY. BASIC PRINCIPLES HAVE BEEN SET OUT AT MAJOR CONFERENCES: AT THE 1974 ROME COLLOQUIUM, DIFFERENTIATION OF CRIMINAL POLICY ACCORDING TO THE SERIOUSNESS OF ANTISOCIAL BEHAVIOR; AT THE 1973 THIRD BELGIAN CONFERENCE ON CRIMINOLOGY, SOCIAL EQUALITY IN THE PENAL SYSTEM; FOR THE RIGHT OF THE INDIVIDUAL TO BE DIFFERENT, EVEN DURING RESOCIALIZATION EFFORTS. THE EUROPEAN COMMITTEE FOR CRIMINAL PROBLEMS OF THE COUNCIL OF EUROPE, WHICH HANDLES PROBLEMS RELATING TO COORDINATION OF PENAL LEGISLATION, PENITENTIARY PRACTICES, EXTRADITION, AND OTHER INTERSTATE MATTERS, ALSO ADVOCATES REFORM AND EQUITY. NOTES ARE SUPPLIED. --IN FRENCH. (KMD)