NCJ Number
20545
Journal
DELIKT EN DELINKWENT Dated: (JUNE 1973) Pages: 299-303
Date Published
1976
Length
5 pages
Annotation
THIS ARTICLE POINTS OUT SIMILARITIES BETWEEN TERRORIST ACTIVITY, THE PHILOSOPHY OF CRIMINAL LAW, AND THE MECHANISMS THROUGH WHICH CRIMINAL SANCTIONS ARE APPLIED.
Abstract
THE AUTHOR CONTENDS THAT TERRORISM, CRIMINAL LAW SYSTEMS, AND MILITARY SYSTEMS HAVE THE COMMON CHARACTERISTICS OF BEING EQUIPPED TO THREATEN AND APPLY VIOLENT MEASURES, AND THAT THE THREAT AND ITS APPLICATION IS TYPICALLY PART OF THEIR ACTIVITIES, AND THE ACTORS CREATE THE IMPRESSION THAT THEY CONSIDER THEIR THREAT AND THE APPLICATION OF VIOLENCE TO BE JUSTIFIED. HE REJECTS THE ARGUMENT THAT CRIMINAL LAW SYSTEMS ARE CONCERNED ONLY WITH GUILTY PERSONS BY POINTING OUT THAT THE DEPENDENTS OF THE GUILTY ARE ALSO PUNISHED. HE ALSO MAINTAINS THAT THE THREAT OF TERRORISTS OR THE HARM THEY INFLICT ON PERSONS CHOSEN AT RANDOM IS MATCHED BY THE CRIMINAL LAW SYSTEM WHENEVER IT APPLIES AN EXEMPLARY SENTENCE ON ONE INDIVIDUAL FOR PURPOSE OF GENERAL PREVENTION. THE CONCEALED NATURE OF THE VIOLENCE IN THE CRIMINAL LAW SYSTEM MAKES IT MORE THREATENING TO THE QUALITY OF LIFE, SINCE ONE CANNOT RESPOND TO DANGERS WHICH ARE UNPERCEIVED. HE ARGUES THAT A DE-ESCALATION OF THE VIOLENT RESPONSES INHERENT IN THE APPLICATION OF CRIMINAL LAW IS NECESSARY IF SOCIETY WISHES TO ACHIEVE A DE-ESCALATION OF TERRORISM. --IN DUTCH...PO