TOWARD THE ESTABLISHMENT OF PENAL LAW FOR DEVIANCE

• NCJ Number: 68047
• Journal: ANNALES DE VAUCRESSON Dated: SPECIAL NUMBER (JULY 1977) Pages: 55-71
• Author(s): E SERVERIN
• Date Published: 1977
• Length: 17 pages
• Sale Source: Surveillee
• Publication Type: Historical Overview
• Language: French
• Country: France
• Note: PAPER PRESENTED AT THE INTERNATIONAL COLLOQUIUM, LYONS (FRANCE), JULY 29-31, 1977

Annotation

AS THE CONCEPT OF THE CRIMINAL HAS GROWN TO INCORPORATE THE NOTION OF BOTH DELINQUENCY AND DEVIANCY, PENAL LAW HAS CHANGED IN EMPHASIS FROM PUNISHMENT TO PROTECTION OR REHABILITATION.

Abstract

IN FRANCE, PENAL LAW AT ITS CONCEPTION IN 1810 WAS DIRECTED TOWARD SANCTIONING OFFENSES. PROHIBITED ACTS AND THEIR CORRESPONDING PUNISHMENTS WERE ENUMERATED WITHOUT MENTION OF BEHAVIORAL RULES OR NORMS. BECAUSE THE DELINQUENT WAS DEFINED ONLY IN THE PENAL CODE, WITHOUT REFERENCE TO BIOLOGICAL, SOCIAL, ENVIRONMENTAL, OR PSYCHOLOGICAL CAUSES FOR THE DELINQUENT BEHAVIOR, A SINGLE TRANSGRESSION PERMANENTLY PLACED AN OFFENDER INTO THE CRIMINAL CLASS. TOWARD THE END OF THE 19TH CENTURY, CRIMINAL TYPOLOGIES WERE IDENTIFIED AND THE IDEA OF CORRECTION EMERGED. THE JUDICIARY PLAYED THE ROLE OF CORRECTOR AND SUPERVISOR, WITH THE RESPONSIBILITY OF BRINGING THE DEVIANT AROUND TO OBEYING THE RULES OF SOCIETY. THE DELINQUENT WAS NOW VIEWED AS DANGEROUS, NOT SO MUCH BECAUSE OF WHAT HE HAD DONE, BUT FOR WHAT HE COULD DO, AND THE SANCTIONS APPLIED TO HIM WERE A MIXTURE OF BOTH PUNITIVE AND REHABILITATIVE GOALS. GRADUALLY, EMPHASIS SHIFTED TO THE INDIVIDUAL AND TO THE CAUSES OF DEVIANT BEHAVIOR, WITH CLEARLY PREVENTIVE SOCIAL DEFENSE GOALS AND PROTECTIVE RATHER THAN PUNITIVE CORRECTIONAL MEASURES. SUBGROUPS IDENTIFIED AS DEVIANT FROM SOCIAL NORMS (ALCOHOLICS, PROSTITUTES, BEGGARS, JUVENILE DELINQUENTS) ARE NOW CHARACTERIZED IN THE PENAL CODE BY THE SPECIFIC KINDS OF MEASURES AVAILABLE FOR DEALING WITH THEIR VARIOUS TYPES OF DEVIANT BEHAVIOR. WHEN A JUDGE SENTENCES AN ACCUSED, THE LATTER IS PASSED ON TO SPECIALISTS WHO WILL DETERMINE THE BEST WAY TO TREAT HIM INSTEAD OF PUNISHING HIM. FOR EXAMPLE, ALCOHOLICS CAN BE SENTENCED TO AN ALCOHOLIC TREATMENT CENTER, WITH NO TIME TO BE SERVED IN A CORRECTIONAL FACILITY. FOR THE FUTURE, THE TENDENCY APPEARS TO BE AWAY FROM RETRIBUTION AND TOWARD A FORM OF SOCIAL PROTECTION FOR BOTH THE DEVIANT AND SOCIETY. NO REFERENCES ARE INCLUDED. --IN FRENCH.