NCJ Number
57961
Journal
CRIMINOLOGIA Volume: 1 Issue: 1 Dated: (DECEMBER 1977) Pages: 23-31
Date Published
1977
Length
9 pages
Annotation
PROSECUTING ATTORNEYS IN CRIMINAL TRIALS MUST HAVE COMPLETE INFORMATION ON THE PERSONALITY OF THE ACCUSED TO DECIDE CORRECTLY AND FAIRLY ON THE INDIVIDUALIZED PROSECUTION OF EACH CASE.
Abstract
MEXICAN CRIMINAL LAW PROTECTS THE RIGHTS OF INDIVIDUAL DEFENDANTS IN CRIMINAL TRIALS BY PRESCRIBING THAT PROSECUTING ATTORNEYS, AS WELL AS TRIAL JUDGES, BE GIVEN ENOUGH ADVANCE INFORMATION (BIOLOGICAL, PSYCHOLOGICAL, SOCIAL, EDUCATIONAL, ETC.) ON THE PERSONALITY OF EACH ACCUSED PERSON TO ENABLE THEN TO DECIDE CORRECTLY WHETHER THERE IS PROBABLE CAUSE. IF THERE IS PROBABLE CAUSE, THIS INFORMATION ALSO ASSISTS THEM IN PREPARING THEIR CASE, CONDUCTING IT, AND ASKING A PENALTY THAT NOT ONLY FITS THE CRIMES BUT ALSO THE DEFENDANT'S PERSONAL CIRCUMSTANCES. IN EVALUATING THE COMPOSITE PERSONALITY PROFILE OF THE ACCUSED, PREPARED BY A PANEL OF EXPERTS (PSYCHIATRISTS, PSYCHOLOGISTS, SOCIAL WORKERS, EDUCATION SPECIALISTS, VOCATIONAL COUNSELORS, THE PROSECUTING ATTORNEY MUST ALSO CONSIDER THE STRESSES AND PERSONALITY ALTERATIONS INFLICTED UPON THE ACCUSED AT EACH STAGE OF THE CRIMINAL PROCEEDINGS (ARREST, PRELIMINARY HEARING, FORMAL CHARGES, AND THE TRIAL ITSELF). THE ULTIMATE OBJECTIVE OF SOCIAL REINTEGRATION FOR EACH OFFENDER MUST BE PURSUED NOT ONLY AFTER SENTENCING, BUT, RATHER, FROM THE MOMENT A SUSPECT IS ARRESTED AND DURING THE ENTIRE TIME HIS TRIAL TAKES PLACE. THEREFORE, IT IS ESSENTIAL THAT COMPLETE INFORMATION ON THE DEFENDANT'S PERSONALITY BE PROVIDED TO PROSECUTING ATTORNEYS AND DEFENSE LAWYERS TO ENABLE THEM TO ADEQUATELY PREPARE AND CONDUCT THEIR CASE AS WELL AS TO JUDGES TO ENABLE THEM TO IMPOSE A SENTENCE THAT IS FAIR AND, ABOVE ALL, IN COMPLIANCE WITH THE INTENT OF THE MEXICAN PENAL CODE AND THE MINIMUM STANDARDS (ON OFFENDERS' TREATMENT) LAW. --IN ENGLISH. (LGR)