NCJ Number
20035
Journal
Rassegna di Studi Penitenziari Volume: 21 Issue: 3 Dated: (MAY-JUNE 1971) Pages: 429-480
Date Published
1971
Length
52 pages
Annotation
PREVENTIVE MEASURES (SURVEILLANCE, EXPULSION FROM OR RESTRICTION TO A PLACE) ARE IMPOSED ON A FINDING OF 'SOCIAL DANGEROUSNESS' WITHOUT PROOF OF A CRIME.
Abstract
A STUDY OF THE 343 PROCEEDINGS FOR THE APPLICATION OF PREVENTIVE MEASURES IN THE TRIBUNAL OF CALTANISSETTA FROM 1958 TO 1969 REVEALS NO RELATIONSHIP BETWEEN APPLICATION OF THE PREVENTIVE MEASURES AND INCIDENCE OF CRIMINALITY. THE MEASURES AS APPLIED HAVE NOT PROVIDED FOR THE RESOCIALIZATION OF THOSE SUBJECT TO THEM. WHILE THE MAFIA HAS ALTERED ITS EMPHASIS FROM TRADITIONAL CRIME TO ECONOMIC AND BUREAUCRATIC PENETRATION, THOSE PREVENTIVE MEASURES THAT HAVE BEEN IMPOSED ON SUSPECTED MAFIA MEMBERS HAVE GENERALLY BEEN DIRECTED AT THE DYING BREED OF TRADITIONAL MAFIOSI. BECAUSE OF AN OVERESTIMATION OF THE BENEFITS OF THE MEASURES AND AN UNDERVALUATION OF THE DETRIMENTS TO THOSE PLACED UNDER THEM, 97 PERCENT OF REQUESTS FOR APPLICATION OF PREVENTIVE MEASURES HAVE BEEN ACCEPTED BY THE COURT. THE AUTHOR RECOMMENDS AN EMPHASIS ON THE OBLIGATION AND POSSIBILITY OF THE 'SOCIALLY DANGEROUS' TO WORK AS WELL AS ON STATE INTERVENTION IN THE ECONOMIC SECTORS WHERE GREAT PROFITS CAN BE EASILY ACCUMULATED AND WHICH ARE EXPLOITED BY THE NEW MAFIA. --IN ITALIAN