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CRIMINALITY AND TREATMENT

NCJ Number
68182
Journal
CUADERNOS PANAMENOS DE CRIMINOLOGIA Dated: (NOVEMBER 1972) Pages: 24-28
Author(s)
M LOPEZ; R Y ARROJO
Date Published
1972
Length
5 pages
Annotation
THIS BRIEF STUDY DEALS WITH CRIME AS A CONCEPT AND WITH THE IMPLICATIONS, AS WELL AS THE LIMITATIONS, OF THE SO-CALLED TREATMENT OF CRIMINALS.
Abstract
CRIME IS DEFINED BY CRIMINAL LAWS, WHICH, IN A GIVEN HISTORICAL MOMENT, DECLARE THAT A CERTAIN TYPE OF CONDUCT IS CRIMINAL ACCORDING TO A HIERARCHY OF VALUES AND PRIORITIES. THE CONCEPT OF CRIME IS NOT A CAUSAL ONE; VARIOUS TYPES OF CONDUCT ARE CAUSAL INSOFAR AS THEY ADAPT TO THE LEGAL CONCEPT OF CRIME. CRIME CAN OCCUR IN DIFFERENT AREAS (AGAINST THE PUBLIC GOOD, ORGANIZED CRIME, INSTITUTIONALIZED CRIME, AGAINST INTERNATIONAL LAW OR AGAINST HUMAN RIGHTS ON AN INTERNATIONAL SCALE, INSPIRED BY POLITICAL IDEOLOGIES). IN RESEARCHING ALL THE ABOVE AREAS, THE DARK FIGURES OF CRIME MUST BE CONSIDERED SINCE THEY RAISE THE QUESTION OF THE VALIDITY OF CRIMINOLOGICAL THEORIES AND THE USEFULNESS OF CRIMINOLOGICAL RESEARCH. ANOTHER LIMITATION OF CRIMINOLOGICAL RESEARCH IS THE IMPUNITY ENJOYED BY THE MAJORITY OF CRIMINALS (IN GLOBAL TERMS, ONLY 15 PERCENT OF COMMON CRIMES ARE DISCOVERED BY THE POLICE; THE PERCENTAGE IS SLIGHTLY HIGHER FOR HOMICIDES, ARMED ROBBERIES, TERRORIST ACTS, AND OTHER VIOLENT CRIMES). CRIME PREVENTION EFFORTS HAVE BUILTIN LIMITATIONS, BOTH IN TERMS OF A-PRIORI AND A-POSTERIORI PREVENTION. PREVENTION GIVES ONLY MODEST RESULTS IN THE CASE OF HABITUAL CRIMINALS, AND IT MAKES LITTLE SENSE WHEN IT IS TRIED ON OFFENDERS WHO HAVE COMMITTED AN ISOLATED CRIMINAL ACT UNDER EXCEPTIONAL CIRCUMSTANCES, AND WHO WILL NEVER COMMIT AN OFFENSE AGAIN. SOCIAL REINTEGRATION PROGRAMS ARE EXERCISES IN FUTILITY WHEN TRIED ON POLITICAL OFFENDERS WHO ARE DETERMINED TO REFORM THE SOCIOPOLITICAL SYSTEMS TO WHICH THEY OBJECT, AND WHEN THEY REFUSE TO BE THE OBJECTS OF TREATMENT AND MORAL REFORM PROGRAMS. IN CONCLUSION, THIS STUDY OFFERS SOME RECOMMENDATIONS FOR USING THE FINDINGS OF CRIMINOLOGICAL RESEARCH TO REMEDY THE SLOW PACE OF JUSTICE, ESPECIALLY IN LATIN AMERICA. --IN SPANISH.

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