NCJ Number
56242
Journal
Revue internationale de criminologie et de police technique Volume: 31 Issue: 3 Dated: (JULY-SEPTEMBER 1978) Pages: 240-250
Date Published
1978
Length
11 pages
Annotation
THE SOCIAL REACTION APPROACH TO CRIMINOLOGY, THE CRIMINAL JUSTICE SYSTEM, AND PENAL LAW IS EXPLORED FROM A THEORETICAL PERSPECTIVE.
Abstract
AGAINST A BACKGROUND OF RISING CRIME RATES, INCREASING JUDICIAL COMPLEXITY, AND DISSATISFACTION WITH THE PENAL SYSTEM, PUBLIC OPINION HAS REGISTERED A NEED TO REEXAMINE CRIMINAL POLICY. THE SIXTIES MOVEMENT FOR CRIME PREVENTION THROUGH CONCENTRATION ON CRIMINOGENIC FACTORS HAS SHIFTED TO ANALYSIS OF THE ADMINISTRATION OF JUSTICE FROM THE PERSPECTIVE OF SOCIAL REACTION CRIMINOLOGY; IF DEVIANCE AND CRIMINALITY ARE NARROWLY DEFINED, AND SOCIAL NORMS ARE RECOGNIZED, THE DYSFUNCTIONING BETWEEN CRIMINAL POLICY AND THE ATTITUDES OF THE PUBLIC MAY BE LOCATED. LEGISLATIVE DECISIONS DO NOT ALWAYS REFLECT THE NORMS AND VALUES OF THE TOTAL POPULATION, ESPECIALLY IN A SOCIETY WHICH CHANGES CONTINUOUSLY. FREQUENTLY, ONLY THOSE RULES WHICH CORRESPOND TO THE INTERESTS, BELIEFS, AND MORAL VALUES OF DOMINANT GROUPS BECOME LAWS, AND THEN, OFFICIAL NORMS. LEGISLATORS MUST BE AWARE OF SOCIAL NORMS TO THE EXTENT THAT NO LAW WHICH RISKS BEING INAPPLICABLE BECAUSE OF INSUFFICIENT PUBLIC SUPPORT, IS PROMULGATED. THE QUESTIONS TO BE EXAMINED ARE WHETHER PENAL LAWS SERVE THE COMMON GOOD, PRESERVE PUBLIC ORDER, AND REMAIN THE EXPRESSION OF A CONSENSUS; TO WHAT POINT IS AN ACT PROHIBITED BY LAW ACCEPTED AS CRIMINAL BY THE PUBLIC; AND TO WHAT POINT DOES THE SERIOUSNESS OF A CRIME AS EXPRESSED IN LAW (OR JUDICIAL PRACTICE) COINCIDE WITH THE SERIOUSNESS OF A CRIME AS PERCEIVED BY THE GENERAL PUBLIC. SOCIAL TOLERANCE, A COMPOSITE OF NUMEROUS SOCIOLOGICAL FACTORS, EXPRESSES THE VALUES, BELIEFS, STANDARDS, AND CUSTOMS OF A COMMUNITY THAT SERVE TO DEFINE BEHAVIOR AS DEVIANT OR CRIMINAL. SOCIAL TOLERANCE VARIES FROM ONE GROUP TO ANOTHER ACCORDING TO THE DEGREE OF DISAPPROVAL OR MORAL CONDEMNATION OF AN ACT, THE DANGER THIS ACT MIGHT BRING TO A COMMUNITY, AND THE LEVEL OF CONFIDENCE AND SYMPATHY INDIVIDUALS OR GROUPS MIGHT HAVE FOR THE MORAL ADMINISTRATION OF JUSTICE. THESE FACTORS HIGHLY INFLUENCE A COMMUNITY OR GROUP'S DECISION TO ADMINISTER JUSTICE ON THEIR OWN OR TO HAVE RECOURSE TO THE CRIMINAL JUSTICE SYSTEM. IN ADDITION, THE PUBLIC TENDS TO BASE ITS PERCEPTION AS MUCH ON THE CRIMINAL'S MOTIVES AS ON THE SERIOUSNESS OF THE ACT AND ITS CONSEQUENCES. SUCH SOCIAL REALITY SHOULD BE TAKEN INTO ACCOUNT WHEN NEW LAW REFORMS ARE GENERATED, TO INSURE THAT THEY REFLECT SOCIETY IN THE FORMULATION OF CRIMINAL POLICY. --IN FRENCH. (MHP)