NCJ Number
53299
Date Published
1978
Length
120 pages
Annotation
A NEW CODE OF LAWS, REJECTING THE CORE CONCEPTS OF GUILT AND PUNISHMENT, AND STRUCTURED IN ACCORDANCE WITH MODERN SCIENCE RATHER THAN TRADITIONAL JURISPRUDENCE, EMPHASIZES PROTECTION OF THE COMMUNITY.
Abstract
THE NEW SOCIAL PROTECTION CODE IS SHORT AND SIMPLE. IT IS MORE IN THE STYLE OF THE EUROPEAN TRADITION OR THE AMERICAN LAW INSTITUTE'S MODEL PENAL CODE THAN THE ENGLISH COMMON LAW. IN ALL TRADITIONAL LAW THERE ARE TWO BASIC ELEMENTS OF CRIME; THE PHYSICAL ACT AND THE INTENT. THIS CODE, PRESERVES THE CONCEPT OF THE CRIMINAL ACT, BUT REJECTS THE CONCEPT OF INTENT, AND ITS EXTENSIONS; IT EMBRACES THE UTILITARIAN CONCEPT OF PROTECTION OF SOCIETY AGAINST HARMFUL AND DANGEROUS ACTS AND PROTECTION OF THE OFFENDER AGAINST EXCESSIVE INTERFERENCE BY THE STATE. UNDER THIS CODE CRIME IS CONCEIVED AS DEVIATION FROM A NORM, AND THE MENS REA CONCEPT IS REJECTED. THE ROLE OF THE PRISON IS SEEN AS RESIDUAL, BUT IMPORTANT; REHABILITATIVE PROGRAMS ARE SEEN AS NECESSARY ALTERNATIVES TO CORRECTIONAL SADISM. THE AUTHOR OF THE CODE DISCUSSES CONCEPTS OF DEVIATION AND CURE, GUILT AND POSITIVE RESPONSIBILITY, WHAT IS CONSIDERED A 'REASONABLE PERSON,' REASONABLENESS AS DEFINED IN THE PRESENT CODE, SOCIAL PROTECTION, ENRICO FERRI'S THEORY OF SOCIAL DEFENSE, THE TRIAL, DIVERSION AND PLEA BARGAINING, SENTENCE BARGAINING, CORPORATE CRIMES, AND OTHER TOPICS. THE CODE CONTAINS VERY FEW PROVISIONS ON PROCEDURE. IMPLEMENTATION DEMANDS CITIZEN PARTICIPATION AS PRACTICED IN GREENLAND AND SOME EUROPEAN COUNTRIES RATHER THAN THE ENGLISH SYSTEM OF JUSTICE OF THE PEACE OR THE STRICT DIVISION BETWEEN LEGALLY QUALIFIED JUDGES AND THE JURY. THE GENERAL PART OF THE CODE COVERS PURPOSE AND APPLICABILITY, OFFENSES, LIABILITY, AND SANCTIONS. THE SPECIAL PART DEFINES OVER 70 DIFFERENT KINDS OF OFFENSES. IT OMITS SOME TRADITIONAL OFFENSES LIKE ROBBERY, INCEST, AND BLASPHEMY. (FCW)