NCJ Number
56774
Journal
ILENUD AL DIA Volume: 1 Issue: 2 Dated: (AUGUST 1978) Pages: 20-28
Date Published
1978
Length
9 pages
Annotation
CRIMINOLOGICAL POLICY REFORMS IN VARIOUS LATIN AMERICAN COUNTRIES, AS WELL AS REFORMS INCORPORATED IN THE ONGOING PROJECT FOR A MODEL LATIN AMERICAN CRIMINAL CODE, ARE COMPARATIVELY ANALYZED IN THIS STATE-OF-THE-ART REVIEW.
Abstract
DE-FACTO CORRECTIONAL REFORMS HAVE PRECEDED CRIMINAL LAW REFORMS IN MOST LATIN AMERICAN COUNTRIES, WITH THE POSSIBLE EXCEPTION OF PENOLOGICALLY ADVANCED COSTA RICA. THE PLANNED MODEL LATIN AMERICAN CRIMINAL CODE, WHILE A STEP IN THE RIGHT DIRECTION AND SUPPOSEDLY MIRRORING THE LATEST ADVANCES IN CRIMINAL LEGISLATION AND OFFENDER TREATMENT, STILL RETAINS OBSOLETE CONCEPTS (SUCH AS THE EMPHASIS ON CRIME RATHER THAN ON THE OFFENDER'S PERSONALITY AND CIRCUMSTANCES) AND TERMINOLOGIES WHICH REINFORCE THE GENERAL PERCEPTION OF OFFENDERS AS ENEMIES OF SOCIETY, RATHER THAN AS REDEEMABLE AND POTENTIALLY USEFUL MEMBERS OF IT. THE MODEL CODE STRESSES ALTERNATIVES TO INSTITUTIONALIZATION, SUCH AS FINES AND DISENFRANCHISEMENT, FOR FIRST OFFENDERS NOT GUILTY OF SERIOUS CRIMES, IN ORDER TO PREVENT RECIDIVISM. THE MODEL CODE ALSO RETAINS INSTITUTIONALIZATION PROVISIONS FOR RECIDIVISTS, HABITUAL OFFENDERS, AND PROFESSIONAL CRIMINALS, INCLUDING THE COMMITMENT OF CRIMINALS DEFINED AS 'HIGHLY DANGEROUS' AND 'PSYCHOTIC PERSONALITIES' TO BE CONTROVERSIAL ASYLUMS FOR THE CRIMINALLY INSANE, THERE TO BE SUBJECTED TO HOTLY DEBATED TREATMENTS, SUCH AS ELECTROSHOCK AND LOBOTOMY. TWO OF THE MODEL CODE'S CHIEF WEAKNESSES ARE ITS LACK OF STANDARDIZATION AND SYSTEMATIZATION OF PENALTIES INVOLVING INSTITUTIONALIZATION OF SERIOUS OFFENDERS, AND ITS STILL LIMITED AND TRADITION-BOUND DEFINITION OF EXTENUATING CIRCUMSTANCES IN THE COMMISSION OF SERIOUS CRIMES. EXTENSIVE FOOTNOTES ARE APPENDED. --IN SPANISH. (LGR)