NCJ Number
60735
Journal
CUADERNOS PANAMENOS DE CRIMINOLOGIA Dated: (1978) Pages: 47-65
Date Published
1978
Length
21 pages
Annotation
INTERNATIONAL CRIMINOLOGICAL SEMINARS HAVE POINTED TO A NEED FOR CRIMINALIZING AND DECRIMINALIZING VARIOUS TYPES OF BEHAVIOR ACCORDING TO CHANGED SOCIETAL AND CULTURAL VALUES; THIS COULD EASE THE CRISIS IN CRIMINAL JUSTICE.
Abstract
CRISES IN THE ADMINISTRATION OF JUSTICE AND EFFECTIVE LAW ENFORCEMENT ARE CAUSED, AMONG OTHER REASONS, BY PENAL INFLATION; CRIMINAL AND PENAL CODES BECOME CLUTTERED WITH TOO MANY LAWS COVERING TYPES OF BEHAVIOR WHICH SOCIETY NO LONGER PERCEIVES AS CRIMINAL BECAUSE OF CHANGES IN MORAL VALUES. CONSEQUENCES OF PENAL INFLATION ARE THE SLOW PACE OF JUSTICE AND THE INABILITY OF POLICE TO FULFILL THE DEMANDS OF THEIR CALLING EVEN WITH REGARD TO TRULY SERIOUS CRIMES. DECRIMINALIZATION OF SPECIFIC OFFENSES COULD REMEDY THE OBSOLESCENCE AND HOPELESS OVERLOADING OF THE CRIMINAL JUSTICE ADMINISTRATION, (ESPECIALLY FOR JUVENILE OFFENDERS), ENABLING JUDGES AND POLICE OFFICERS TO DEAL WITH CRIMES POSING A SERIOUS THREAT TO THE COMMON GOOD. VARIOUS FORMS OF DE FACTO AND DE JURE DECRIMINALIZATION INCLUDE ABROGATION, LEGALIZATION, DEPENALIZATION, DEJUDICIALIZATION, DISCRETIONARY POLICE POWERS, CHANGES AND SUBSTITUTION OF PENALTIES AND LATTITUDE IN LAW INTERPRETATION. TYPES OF OFFENSES THAT COULD BE DECRIMINALIZED ARE MINOR INFRACTIONS AGAINST PROPERTY OR SUCH 'SEXUAL OFFENSES' AS ADULTERY. DECRIMINALIZATION IS, HOWEVER, DESIRABLE AND NECESSARY ONLY AS PART OF A COMPREHENSIVE, WORLDWIDE CRIMINOLOGICAL POLICY; ITS INDISPENSABLE COUNTERPART SHOULD BE CRIMINALIZATION APPLIED TO ACTS FORMERLY REGARDED AS NONCRIMINAL BUT CURRENTLY PERCEIVED AS CRIMINAL BECAUSE OF SHIFTS IN CIRCUMSTANCES AND THOUGHT PATTERNS (GOVERNMENT CORRUPTION, INSTITUTIONALIZED VIOLENCE, ORGANIZED CRIME, FRAUDULENT BUSINESS PRACTICES) AND NEWLY-EMERGING TYPES OF DANGEROUS AND ANTISOCIAL BEHAVIOR, SUCH AS INTERNATIONAL TERRORISM. REFERENCES ARE PROVIDED AND BIBLIOGRAPHY IS APPENDED. --IN SPANISH. (LGR)