NCJ Number
64316
Journal
CRIMINOLOGIA Volume: 1 Issue: 10 Dated: (OCTOBER 1978) Pages: 21-46
Date Published
1978
Length
26 pages
Annotation
THE WAYS IN WHICH THE MEXICAN JUDICIAL ESTABLISHMENT HANDLES JUVENILE OFFENDERS AND RECOMMENDATIONS FOR REFORM ARE DISCUSSED.
Abstract
THE PERSISTENCE OF PUNITIVE AND REPRESSIVE ATTITUDES TOWARD JUVENILE OFFENDERS AMONG MEXICAN JUDICIAL AND CORRECTIONAL OFFICIALS, 50 YEARS AFTER THE INTRODUCTION OF PROGRESSIVE AND HUMANE JUVENILE JUSTICE LEGISLATION, IS DEPLORABLE. SENTENCING AND CORRECTIONS PATTERNS IN ALL MEXICAN STATES, WITH THE LONE EXCEPTION OF THE STATE OF MEXICO, ARE OBSOLETE, COUNTERPRODUCTIVE, AND TOTALLY OBLIVIOUS OF THE GOALS OF TREATMENT AND REHABILITATION, INDEED OF THE PROTECTION OF JUVENILE OFFENDERS' HUMAN RIGHTS, WHICH THE SYSTEM OF JUVENILE JUSTICE IS REQUIRED BY LAW TO PURSUE. ESPECIALLY DISMAYING IS THE WIDESPREAD PRACTICE OF PLACING JUVENILES IN THE SAME PRISONS WITH HARDENED ADULT CRIMINALS, WITH THE CORRUPTING EFFECTS THAT ARE ALL TOO EASY TO PREDICT. INDEPTH ANALYSIS OF THE PATTERNS OF CONTEMPORARY JUVENILE DELINQUENCY, THE PROPORTIONS OF WHICH HAVE NO HISTORICAL PRECEDENTS, SUGGESTS A PSYCHOLOGICAL EXPLANATION IN THE NEUROSES AND EMOTIONAL DISTURBANCES REFLECTED IN THE SENSELESS AND GRATUITOUS NATURE OF THE MAJORITY OF CRIMINAL ACTS COMMITTED BY YOUNG PEOPLE, AS SEEN IN VANDALISM AND VIOLENT ATTACKS ON PERSONS FROM WHICH THE PERPETRATORS HAVE OBVIOUSLY NOTHING TO GAIN. PUNITIVE AND REPRESSIVE POLICIES, ASIDE FROM BEING CONTRARY TO ALL CONTEMPORARY PENOLOGICAL DOCTRINES, WOULD NOT HAVE ANY DETERRENT EFFECTS ON THE PERPETRATORS OF IRRATIONAL ACTS, WHO APPARENTLY DO NOT FEAR EXPOSURE AND ARREST. COMPARATIVE STATISTICS ON MALE AND FEMALE JUVENILE CRIME SHOW THAT GIRLS COMMIT FEWER VIOLENT ACTS, BUT ARE MORE PRONE TO THE CRIMINOGENIC EFFECTS OF ALCOHOL AND DRUGS THAN THEIR MALE COUNTERPARTS; A HIGHER INCIDENCE OF TRAFFIC OFFENSES, SUCH AS RECKLESS DRIVING AND HIT-AND-RUN CRIMES, ARE MORE EVIDENT AMONG GIRLS THAN AMONG BOYS. NEVERTHELESS, FOR ALL MINORS MORE STRINGENT DRIVERS LICENSE REGULATIONS SHOULD BE ENACTED, AND MORE JUVENILE PROTECTION SERVICES SHOULD BE AVAILABLE. THE NUMERICAL PROPORTION OF YOUNG PEOPLE (54 PERCENT) AMONG THE TOTAL MEXICAN POPULATION EMPHASIZES THE NECESSITY TO PROTECT THE RIGHTS OF WHAT IS NOW A MAJORITY. THE EXISTING PROVISIONS OF THE CODE OF JUVENILE JUSTICE SHOULD, FOR A START BE IMPLEMENTED, WITH PERIODIC UPDATING. JUVENILE COURT JUDGES MUST POSSESS LAW DEGREES AND SPECIALIZED TRAINING IN JUVENILE PSYCHOLOGY. PREVENTION, TREATMENT, AND REHABILITATION ARE THE ONLY ACCEPTABLE GOALS IN DEALING WITH YOUTHFUL OFFENDERS, AND THE MOST SCRUPULOUS SAFEGUARDS OF THEIR CONSTITUTIONAL AND HUMAN RIGHTS AT ALL TIMES ARE CALLED FOR. THE ARTICLE IS COMPLEMENTED BY STATISTICAL TABLES. --IN SPANISH. (LGR)