SOCIAL DEFENSE POLICY AND THE NEW ASPECTS OF CRIME

• NCJ Number: 39218
• Journal: Revue de science criminelle et de droit penal compare Issue: 3 Dated: (JULY-SEPTEMBR 1976) Pages: 629-645
• Author(s): F Gramatica
• Date Published: 1976
• Length: 17 pages
• Corporate Author: Editions Sirey
• Publication Format: Article
• Language: French
• Country: France

Annotation

THE UTILITY OF SOCIAL DEFENSE POLICY IS ANALYZED IN RELATION TO THE RISE IN SUCH OFFENSES AS JUVENILE CRIMES, DRUG AND ALCOHOL DEPENDENCE, VIOLENT BEHAVIOR, AND POLITICALLY MOTIVATED CRIMES.

Abstract

THIS POLICY ATTEMPTS TO SUBSTITUTE TRADITIONAL JURIDICO-PENAL CONCEPTS (PROOF OF GUILT AND SENTENCING) WITH A MORE COMPLEX SYSTEM EMPHASIZING THE GOVERNMENT'S RESPONSIBILITY TO SOCIALIZE, NOT MERELY PUNISH, THE INDIVIDUAL, THEREFORE, A PERSON WHO VIOLATES A SOCIAL DEFENSE LAW IS DECLARED 'ANTISOCIAL' BASED ON A SUBJECTIVE PERSONALITY EVALUATION. ONCE THIS HAPPENS, THE GOVERNMENT IS OBLIGED TO REHABILITATE AND RESOCIALIZE THE INDIVIDUAL, FOCUSING NOT ON THE CRIME ITSELF, BUT ON ITS UNDERLYING CAUSES. EMPHASIS IS PLACED ON THE ELIMINATION OF THE CAUSES OF SOCIAL DEVIANCE AD THE APPLICATION OF INDIVIDUALIZED REINTEGRATIVE MEASURES (MEDICAL, PSCHOLOGICAL, ECONOMIC), FOR EACH PERSON DECLARED ANTISOCIAL. THE USE OF THIS CRIME PREVENTION/ DETERRENCE POLICY IS ADVOCATED OVER CONTEMPORARY TRENDS TOWARD MORE REPRESSIVE MEASURES (HARSHER PRISON SENTENCES AND REINSTITUTION OF THE DEATH PENALTY). --IN FRENCH...ELW