NCJ Number
20411
Journal
PRO JUSTITIA - REVUE POLITIQUE DE DROIT Volume: 3 Issue: 11-12 Pages: 33-58
Date Published
1976
Length
26 pages
Annotation
IN THE ANALYSIS AND CRITIQUE OF THE BELGIAN CRIMINAL JUSTICE SYSTEM THE AUTHOR ARGUES THAT THE EXISTING SYSTEM IS TOO DISCRIMINATORY AND DIVORCED FROM THE COMMUNITY, AND PROPOSES ALTERNATIVE POLICIES FOR THE SYSTEM.
Abstract
AFTER ELABORATING ON THE INCREASE IN THE AMOUNT OF CRIME, THE SERIOUSNESS OF COMMITTED CRIMES, THE OVERPOPULATION OF PRISON FACILITIES, AND PRISON RIOTS, THE AUTHOR CONCLUDES THAT THE PENAL SYSTEM IN BELGIUM IS IN CRISIS. IN ARRIVING AT THIS CONCLUSION HE CITES SUCH FACTORS AS THE FAILURE OF THE LEGAL SYSTEM TO ADAPT TO CONTEMPORARY SOCIOPOLITICAL FACTS, THE REFUSAL OF THE JUDICIARY TO PERCEIVE WHAT HE CALLS THE POLITICAL CHARACTER OF THE ADMINISTRATION OF JUSTICE, AND THE UNEQUAL APPLICATION OF THE LAW AMONG VARIOUS SOCIOECONOMIC GROUPS. HE STATES THAT REFORM ALONE IS INEFFECTIVE AND ARGUES FOR A RE-THINKING OF THE ENTIRE CRIMINAL JUSTICE POLICY ALONG LINES THAT WOULD BE MORE IN KEEPING WITH SOCIAL REALITIES AND MORE OBJECTIVE. PREVENTION OF CRIME IS DISCUSSED ON THREE LEVELS: PRIMARY PREVENTION, WHICH WOULD ATTACK THE SOCIAL AND ECONOMIC CAUSES OF CRIME; DECENTRALIZATION OF CRIME PREVENTION, WHICH WOULD BRING PREVENTION ACTIVITIES BACK TO THE COMMUNITY; AND 'DE-DRAMATIZATION' OF CRIME, IN WHICH THE PUBLIC WOULD BE MADE AWARE OF THE TRUE NATURE AND EXTENT OF THE CRIME PROBLEM. FINALLY, THE AUTHOR PROPOSES SEVERAL REFORMS OF THE JUDICIAL SYSTEM, THE LAWS, AND THE CORRECTIONS SYSTEM. HE ALSO PROPOSES THE FORMATION OF A CRIMINAL POLICY COMMISSION WHICH WOULD ACT AS A PLANNING AND EVALUATING AGENCY. --IN FRENCH