NCJ Number
61325
Date Published
1979
Length
184 pages
Annotation
LATIN AMERICAN SCHOLARS DISCUSS THE RELATIONSHIP OF CRIMINAL LAW TO SOCIAL CONDITIONS, WITH A VIEW TO REFORMING THE EXISTING CRIMINAL LAWS AND PENAL CODES TO MAKE THEM RESPONSIVE TO LOCAL REALITIES.
Abstract
THE PARTICIPANTS IN A POSTGRADUATE LAW SCHOOL SYMPOSIUM, HELD IN MARACAIBO, VENEZUELA, IN 1979, REPRESENTED VARIOUS SCHOOLS OF CRIMINOLOGICAL AND JURIDICAL THOUGHT, FROM CONSERVATIVE TO RADICAL. IT WAS GENERALLY AGREED THAT CRIMINAL CODES MUST NO LONGER BE RIGIDLY NORMATIVE INSTRUMENTS, BUT MUST BE FLEXIBLE ENOUGH TO ACCOMMODATE SOCIAL CHANGE AND LOCAL CONDITIONS; E.G., 25 PERCENT OF ALL LATIN AMERICAN YOUNG PEOPLE ARE FUNCTIONAL ILLITERATES, WHO DO NOT UNDERSTAND THE PROVISIONS OF CRIMINAL LAW, INDEED ARE NOT EVEN AWARE OF ITS EXISTENCE. ONE PRESENTATION CRITICIZED THE DERIVATIVE NATURE OF LATIN AMERICAN CRIMINAL CODES, PATTERNED AFTER EUROPEAN MODELS AND IRRELEVANT TO THE LOCAL SOCIOECONOMIC AND CULTURAL REALITIES. THE HISTORICAL AND PHILOSOPHICAL FOUNDATIONS OF CRIMONOLOGY AND CRIMINAL LAW, AS WELL AS SOCIOLOGICAL THEORIES RELEVANT TO THE CONCEPT OF CRIME, ESPECIALLY JUVENILE DELINQUENCY, WERE EXPLORED FROM DIFFERENT IDEOLOGICAL POSITIONS. THE NEED FOR A NEW ACADEMIC DISCIPLINE, THE SOCIOLOGY OF LAW, WAS EMPHASIZED. SOME OF THE MAIN TOPICS DEBATED WERE ANOMIE AND MARGINALITY, THE LACK OF SOCIAL COHESION, AND THE BREAKDOWN OF TRADITIONAL RELIGIOUS AND MORAL VALUES, DEFINED AS BASIC CAUSES OF JUVENILE DELINQUENCY. A COMPARISON WAS MADE BETWEEN THE UNITED STATES AND LATIN AMERICAN EDUCATIONAL SYSTEMS, NOTING THAT THE FORMER KEEPS YOUNG PEOPLE IN SCHOOL TO AN INCREASINGLY LATER AGE, WHEREAS THE LATTER RELEASES A MAJORITY OF YOUTHS TO THE CRIMINOGENIC ENVIRONMENT OF THE STREETS AFTER THE AGE OF 15 OR EARLIER. THE CONCEPT OF ADOLESCENTS AS A SEPARATE WORLD WAS CALLED ALIEN TO LATIN AMERICA, WHERE CHILDREN GROW FROM CHILDHOOD TO THE PROBLEMS AND RESPONSIBILITIES OF ADULTHOOD WITHOUT TRANSITION, EXCEPT FOR THE MEMBERS OF THE AMERICANIZED UPPER CLASSES. FURTHER DISCUSSIONS ADDRESSED MENTAL ILLNESS AND ITS SOCIOLOGICAL AND CRIMINOLOGICAL IMPLICATIONS; THE STEREOTYPING OF FORMER MENTAL PATIENTS AND EX-OFFENDERS; THE DIFFERENCES BETWEEN JUVENILE GANGS AND SUBCULTURES IN THE UNITED STATES AND LATIN AMERICA (THE FORMER ORIENTED TOWARD AIMLESS VIOLENCE AND DESTRUCTION, THE LATTER ECONOMICAL OR THEFT-ORIENTED); JUVENILE DRUG ADDITION; THE ATTITUDES OF THE JUDICIAL ESTABLISHMENT AND POLICE PERSONNEL TOWARDS JUVENILE OFFENDERS; AND THE FAILURE OF PROBATION IN THE UNITED STATES. --IN SPANISH. (LGR)