NCJ Number
57239
Journal
Revue internationale de criminologie et de police technique Volume: 31 Issue: 4 Dated: (OCTOBER-DECEMBER 1978) Pages: 353-366
Date Published
1978
Length
14 pages
Annotation
ANALYSIS OF FACTORS INFLUENCING CRIMINAL POLICY INDICATE THE NEED FOR PUBLIC ATTITUDES RESEARCH.
Abstract
THE BEHAVIORAL STANDARDS PROTECTED BY A NATION'S LAWS SHOULD THEORETICALLY REFLECT THE OPINIONS OF THE MAJORITY OF THE POPULATION. FREQUENTLY, HOWEVER, THE LEGAL CODE EXPRESSES THE INDIVIDUAL INTERESTS OF VARIOUS GROUPS WITHIN THE SOCIETY. USUALLY, THE DIVERGENCES BETWEEN THE VIEWS OF THE OVERALL POPULATION AND THE LEGAL CODES ARE RATHER MODERATE SO THAT THE JUDICIAL SYSTEM IS STILL ABLE TO FUNCTION. IN ORDER TO AVOID A SERIOUS DISCREPANCY BETWEEN THE LAWS AND THE PEOPLE WHO MUST OBEY THEM, LEGISLATORS SHOULD BE INVOLVED IN CONTINUOUS SCIENTIFIC STUDY EXPLORING PUBLIC OPINION TOWARDS CRIMINAL POLICY, THE CORRECTIONAL SYSTEM, AND CULTURAL DEVELOPMENTS. IN DETERMINING CRIMINAL POLICY, POLITICIANS AND LEGISLATORS FACE TWO CENTRAL TASKS: (1) THE SELECTION OF ACTIONS WHICH ARE SUFFICIENTLY THREATENING TO SOCIETY TO BE LABELED AS CRIMINAL OFFENSES, AND (2) THE SEVERITY RATING OF AN OFFENSE AND THE DETERMINATION OF THE APPROPRIATE PUNISHMENT. IN BOTH DUTIES, PRESSURE GROUPS (E.G., CORPORATIONS, ABORTIONISTS, ANTIABORTIONISTS) WILL ATTEMPT TO EXERT AN INFLUENCE ON THE LAWMAKERS WHO MUST BEWARE OF LETTING A POWERFUL MINORITY DICTATE THE MAJORITY'S BEHAVIOR. THE LAW IS ALREADY SUFFICIENTLY REMOVED FROM THE OVERALL POPULATION TO ENDANGER ITS FUNCTIONING. THEREFORE, MORE PUBLIC ATTITUDES RESEARCH IS NECESSARY. THE ARTICLE CONTAINS A BIBLIOGRAPHY AND VARIOUS DIAGRAMS. --IN FRENCH. (SAJ)