ON CRIME AS A NORM-ESTABLISHING CONCEPT IN PENAL JUSTICE, AND THE PREVENTION OF CRIME AS A DYNAMIC PROCESS (FROM CUADERNAS PANAMENAS DE CRIMINOLOGIA, N 7, 1978)

• NCJ Number: 64452
• Author(s): G O W MULLER
• Date Published: 1978
• Length: 6 pages
• Corporate Author: Universidad de Panama
• Publication Format: Document
• Language: Spanish
• Country: Panama
• Note: PUBLISHED ORGINALLY IN 'ILANUD AL DIA', V 1, N 1 (APRIL 1978)

Annotation

THE CONCEPT OF CRIME AND EVOLVING THEORIES OF THE ULTIMATE GOALS OF THE JUDICIAL PROCESS, FORMERLY VIEWED AS PUBLIC VENGEANCE AND RETRIBUTION AGAINST LAWBREAKERS, ARE ANALYZED IN THE CONTEXT OF CURRENT SOCIAL CHANGES.

Abstract

LAW SCHOLARS FORMERLY STUDIED THE CONCEPT OF CRIME AND ITS ATTRIBUTES IN A THEORETICAL VACUUM, BUT TODAY CRIME CAN ONLY BE UNDERSTOOD WITHIN ITS LARGER SOCIAL CONTEXT IN WHICH IT REPRESENTS DISTURBING SOCIAL INTERACTION. A CRIMINAL ACT INVOLVES HUMAN BEINGS INTERACTING WITH ONE ANOTHER (CRIMINAL, VICTIM, OFTEN THIRD PARTIES AS WITNESSES OR SPECTATORS, AND, ALWAYS, ALL MEMBERS OF SOCIETY). CRIME IS A DYNAMIC PROCESS OF CONSTANT CHANGE AND MOTION, AS IT FOLLOWS A PRESET PATH FROM THE CRIMINAL'S ARREST THROUGH THE JUDICIAL PROCESS TOWARD THE FINAL STAGE OF CONVICTION OR ACQUITTAL; IT CAN BE DEPICTED IN THE METAPHOR OF A CONVEYOR BELT IN AN ASSEMBLY LINE, WITH POLICE OFFICERS, PROSECUTORS, JUDGES, AND CORRECTIONAL PERSONNEL ALL PERFORMING THEIR INDIVIDUAL, LIMITED TASKS, UNAWARE OF, OR LOSING SIGHT OF, THE FINAL PRODUCT TO BE MANUFACTURED, I.E., A REHABILITATED AND SOCIALLY REINTEGRATED EX-OFFENDER. THE COMPLEX MACHINERY OF CRIMINAL JUSTICE IS AN ARTIFICIAL MECHANISM, WHICH HAS REPLACED THE EFFECTIVE SYSTEM OF FAMILY AND TRIBAL CRIME CONTROL OF PRIMITIVE SOCIETIES. IN ORDER TO ACHIEVE A MODICUM OF EFFECTIVENESS, THE JUDICIAL SYSTEM MUST CONSIDER ITSELF AND BE PERCEIVED BY ALL ITS MEMBERS AS A SUBSYSTEM, A FUNCTION AMONG MANY, OF THE TOTAL SOCIAL ORGANISM, NOT AN AUTONOMOUS ENTITY. TODAY'S NEW AND UNFORESEEN FORMS OF CRIMINAL BEHAVIOR, SOME OF WHICH UTILIZE HIGHLY SOPHISTICATED TECHNIQUES AND TECHNOLOGIES, POSE A FORMIDABLE CHALLENGE TO THE EXISTING CRIMINAL CODES AND CRIMINOLOGICAL POLICIES, WHICH MUST EVOLVE AS CRIME HAS EVOLVED. COMPREHENSIVE CRIME CONTROL PLANS EMPHASIZING CRIME PREVENTION, MUST BE FORMULATED WHICH INVOLVE ALL SEGMENTS OF SOCIETY AND HUMAN AGENCIES, WITH THE AVOWED GOAL OF PROMOTING POSITIVE TYPES OF BEHAVIOR, INSTEAD OF PENALIZING DEVIANCE. --IN SPANISH. (LGR).