NCJ Number
50463
Journal
Derecho Penal y Criminologia Volume: 1 Issue: 1 Dated: (DECEMBER 1977) Pages: 43-66
Date Published
1977
Length
24 pages
Annotation
THE JURIDICAL ASPECTS OF SOCIAL MARGINALITY AS A SOCIAL AND CRIMINOLOGICAL PROBLEM OF INDIVIDUALS ON THE MARGINS OF SOCIETY ARE PRESENTED.
Abstract
THE STRUCTURE OF THE PENAL SYSTEM IN MANY SOUTH AMERICAN COUNTRIES IS MANIPULATED BY A MINORITY WHO WISH TO PROTECT THEIR OWN INTERESTS. THOSE WHO SUFFER FROM THESE INJUSTICES ARE THE POOR WHO OFTEN FACE ILLEGAL IMPRISONMENT AND DETENTION FOR VAGRANCY. MARGINALITY IS NOT DELIMITED BY GEOGRAPHIC AREAS, BUT IS INSTEAD A CONSEQUENCE OF PROCESSES THAT AFFECT THE POOR IN ALL AREAS. THE ABUSES OF THE CRIMINAL JUSTICE SYSTEM ARE WELL KNOWN--IN THE TREATMENT OF VAGRANCY THE LAW IS VAGUE IN DEFINITION AND HARSH IN ITS PUNISHMENT. SINCE THE SOCIAL PROBLEMS WHICH CONTRIBUTE TO VAGRANCY AND BEGGARY CANNOT BE RESOLVED THROUGH THE PENAL SYSTEM, SOCIAL WELFARE PROGRAMS ARE NEEDED TO DEAL WITH THEM. THE PROBLEM OF MALADJSUTED OR ABANDONED CHILDREN IS ANOTHER ASPECT OF MARGINALITY. THE PRESENT PHILOSOPHY IS TO TREAT THE CHILD THROUGH REHABILITATION RATHER THAN PUNISHMENT. THE STATE, IN EFFECT, PUTS ITSELF IN PLACE OF THE PARENTS. HOWEVER, THIS POLICY HAS FAILED TO ACHIEVE DESIRED RESULTS UNDER A CRIMINAL JUSTICE SYSTEM THAT IS OFTEN TOO BRUTAL TO INTERVENE IN THE DELICATE AND COMPLEX PROBLEMS OF CHILD WELFARE. THIS SYSTEM HAS ONLY AGGRAVATED THE PROBLEMS THAT IT SOUGHT TO ALLEVIATE. MINORS WHO ARE POTENTIAL DELINQUENTS CONSTITUTE A GRAVE SOCIAL PROBLEM THAT REQUIRES COMPLEX AND SENSITIVE SOLUTIONS. THE MENTALLY ILL ARE ANOTHER GROUP OF MARGINALS WHOSE RIGHTS ARE SERIOUSLY ABUSED. THE MAJORITY HAVE COMMITTED NO CRIME, BUT ARE INCARCERATED INVOLUNTARILY IN MENTAL INSTITUTUTIONS. IT IS OF VITAL IMPORTANCE THAT PATIENTS IN PSYCHIATRIC HOSPITALS BE GIVEN THE SAME RIGHTS AS NORMAL PATIENTS. WOMEN CONSTITUTE ANOTHER MARGINAL GROUP RESULTING FROM THEIR TRADITIONALLY INFERIOR POSITION IN SOCIETY. LAWS MUST BE INSTITUTED TO ASSURE THE EQUALITY OF WOMEN IN SOCIETY. LEGISLATION IS ALSO NEEDED TO PROTECT MINORITY GROUPS WITHIN SOCIETY, ESPECIALLY SUCH GROUPS AS NATIVE AMERICANS WHO HAVE TRADITIONALLY SUFFERED THE CONSEQUENCES OF MARGINALITY AND DISCRIMINATION. FOOTNOTES AND REFERENCES ARE INCLUDED. (STB)