NCJ Number
42085
Journal
Revue de droit penal et de criminologie Volume: 57 Issue: 4 Dated: (JANUARY 1977) Pages: 245-279
Date Published
1977
Length
35 pages
Annotation
AMONG THE MANY POWERS OF LANGUAGE IS THE ABILITY TO ASSIGN DIFFERENT WORDS TO DISGUISE THE SIMILARITY, OR EVEN THE IDENTICALNESS, OF A 'NEW' CONCEPT TO AN ALREADY EXISTING ONE.
Abstract
THE EVOLUTION OF CONTEMPORARY LAW, PARTICULARLY IN RELATION TO JUVENILES, THE MENTALLY ILL, AND VAGRANTS, CLEARLY DEMONSTRATES THIS PHENOMENON. BY ELIMINATING CRIMINAL JURISDICTION OVER THESE GROUPS AND THEN RE-LABELING THEM AS 'MINORS,' 'INSANE,' AND 'SOCIALLY MALADJUSTED,' THE LEGAL SYSTEM, IN EFFECT, INCREASES ITS CONTROL OVER THESE GROUPS. 'REHABILITATION,' 'TREATMENT,' AND 'SOCIAL DEFENSE' CAN THEN BE CITED AS THE MOTIVATING FORCES BEHIND RESTRICTIVE MEASURES SANCTIONED BY THE COURTS, INSTEAD OF THE TRADITIONAL AND OUTMODED 'DETERRENCE,' 'RETRIBUTION,' AND 'PUNISHMENT.' THIS SUPPOSED CHANGE IN EMPHASIS ALSO RENDERS PERMISSIBLE A BROADENING OF THE SCOPE OF THE LEGAL SYSTEM TO INCLUDE THOSE WHO HAVE NOT COMMITTED CRIMES BUT HAVE BEEN DEEMED LIKELY TO DO SO (THE IDEA BEHIND 'PRE-DELINQUENT' DESIGNATIONS) AND THE USE OF RESTRICTIVE MEASURES NOT ALLOWABLE UNDER THE CRIMINAL SYSTEM (INDETERMINATE SENTENCING BEING THE MOST SIGNIFICANT EXAMPLE). THIS NEW TYPE OF SOCIAL CONTROL CONFLICTS WITH SOME OF THE BASIC PRINCIPLES OF OUR SYSTEM OF JUSTICE AS IT ADMITS THE USE OF VAGUELY WORDED, COMPREHENSIVE PROVISIONS, FAR REACHING JUDICIAL DISCRETION, DISPROPORTIONALITY OF THE CRIME AND THE PUNISHMENT, AND SENTENCING INEQUITY. TWENTIETH CENTURY LEGISLATIVE REFORMS IN BELGIUM ARE CITED TO TO ILLUSTRATE THIS POINT. --IN FRENCH...ELW