NCJ Number
54267
Journal
Revue penitentiaire et de droit penal Issue: 2, Dated: (APRIL-JUNE 1978) Pages: 203-228
Date Published
1978
Length
26 pages
Annotation
THE EXTENT OF THE RECOGNITION OF BASIC HUMAN RIGHTS IN LEGISLATION AND THEIR APPLICATION IN PRACTICE TO THE CRIMINAL JUSTICE SYSTEM ARE EXPLORED IN THIS ARTICLE.
Abstract
WITH A VIEW TOWARDS REINFORCING HUMAN RIGHTS THOUGHOUT THE CRIMINAL JUSTICE SYSTEM, THIS DISCUSSION TRACES EVIDENCE OF HUMAN RIGHTS RECOGNITION AND VIOLATION THROUGH EACH STEP OF THE PENAL PROCESS, FROM ARREST THROUGH THE EXECUTION OF SENTENCES. HUMAN RIGHTS CHARTERS ARE EXAMINED, INCLUDING THOSE OF THE UNITED NATIONS (1948, 1955, AND 1966) AND THE COUNCIL OF EUROPE (RESOLUTION 73-5), AND SPECIFIC EXAMPLES OF LEGISLATION AND PRACTICE IN THE PENAL PROCESS ARE DRAWN FROM FRANCE, POLAND, THE FEDERAL REPUBLIC OF GERMANY, AND OTHER EUROPEAN COUNTRIES. REFORM THAT FOCUSES ON PUNISHMENT AS A MEANS OF REEDUCATION IS DETAILED AS THE ULTIMATE FORM OF RESPECT FOR HUMAN DIGNITY, WITH THE MOST FLAGRANT HUMAN RIGHTS VIOLATION SEEN AS THE DEATH PENALTY. THE RIGHTS OF DETAINEES AND INMATES ARE ALSO EXAMINED IN DETAIL. EMPHASIS IS PLACED ON THE NEED FOR ALL AGENTS OF THE CRIMINAL JUSTICE SYSTEM TO RECOGNIZE THEIR PART IN ENFORCING HUMAN RIGHTS, ESPECIALLY THE JUDICIARY, WHO SHOULD BE PREPARED TO ALTER SENTENCES IN CASES OF MENTAL OR PHYSICAL ILLNESS, OR WHERE PAROLE IS REQUIRED. THE ARTICLE CONCLUDES THAT THE RESOCIALIZATION OF OFFENDERS CAN ONLY SUCCEED IF HUMAN RIGHTS ARE FULLY PROTECTED, AND THAT PROTECTION MUST BE REFLECTED NOT ONLY IN LEGISLATION, BUT ALSO IN PRACTICAL APPLICATION IN THE ADMINISTRATION OF JUSTICE AND THE EXECUTION OF PENALTIES. LEGISLATION FROM FRANCE, POLAND, THE COUNCIL OF EUROPE, AND THE UNITED NATIONS GENERAL ASSEMBLY ARE QUOTED AS REFERENCES, AND FOOTNOTES AND A TABLE SUPPLEMENT THE TEXT. --IN FRENCH. (MHP)