NCJ Number
43674
Date Published
1977
Length
54 pages
Annotation
ASPECTS OF PENAL LAW, PENOLOGY, AND PENAL PROCEDURAL LAW ARE EXAMINED ON A WORLDWIDE SCALE IN RELATION TO MODERN THEORY AND PRACTICE.
Abstract
THE CENTRAL QUESTION, CONCERNING TO WHAT POINT DOMINANT THEORY AND PRACTICE IN THE PENAL DISCIPLINES CORRESPONDS IN FORMULATION AND APPLICATION TO PENAL NECESSITIES, IS EXPLORED WITH RESPECT TO PENAL LAW, PENOLOGY, AND CRIMINOLOGY. THE CHARACTERISTICS OF MODERN THEORY AND PRACTICE ARE SAID TO INCLUDE: (1) AN 'INFLATED' PENAL LAW SYSTEM THAT IS MERELY AN EXAGGERATED STUDY OF THE ELEMENTS OF CRIME; (2) A CRIMINOLOGICAL SYSTEM MORE AND MORE UNDER THE INFLUENCE OF THE MEDICO-PSYCHOLOGICAL DISCIPLINES; (3) THE VIEW THAT SOCIAL ADAPTATION OR READAPTATION IS THE ESSENTIAL GOAL OF PENAL SANCTION, FROM WHICH ANY CONCEPT OF RETRIBUTION OR EXPIATION SHOULD BE EXCLUDED; (4) THE BELIEF THAT CRIME AND DELINQUENCY CAN BE PREVENTED LARGELY BY MATERIALLY IMPROVING LIVING CONDITIONS AND BY INCREASING SOCIAL SERVICES; (5) DIVERSION OF MINORS AWAY FROM PENAL LAW AND TOWARD PROTECTIVE LAW OR SOCIAL ASSISTANCE; (6) A SYSTEM OF PENAL PROCEDURAL LAW AND ADMINISTRATION OF JUSTICE WHICH, IN SPITE OF CERTAIN MODIFICATIONS AND PROGRESS, IS LARGELY AN HISTORICAL CONTRADICTION; AND (7) PENITENTIARY SYSTEMS WHICH, ALTHOUGH PROFESSING TO READAPT THE INMATE, DEMONSTRATE THE TRIPLE PRINCIPLE OF CUSTODY, CONTROL, AND SECURITY IN THEIR ORGANIZATION AND CHARACTERISTICS. (IN SPANISH).