NCJ Number
60811
Journal
Monatsschrift fuer Kriminologie und Strafrechtsreform Volume: 61 Issue: 5 Dated: (OCTOBER 1978) Pages: 297-313
Date Published
1978
Length
16 pages
Annotation
THE LACK OF CONSIDERATION GIVEN TO CRIMINOLOGICAL AND PSYCHOLOGICAL FINDINGS IN ASCERTAINING A CRIMINAL ACT IS CRITICIZED IN THIS ARTICLE.
Abstract
ALTHOUGH CRIMINOLOGY AND CRIMINAL LAW HAVE THE COMMON SUBJECT OF CRIME, CRIMINOLOGICAL THEORY RARELY MAKES ITS WAY INTO CRIMINAL LAW. CRIMINAL LEGISLATION AND COURT PRACTICES HAVE EITHER IGNORED RECENT EMPIRICAL RESEARCH OR REJECTED IT AS DESTRUCTIVE TO THE CONCEPT OF THE OFFENDERS' 'GUILT.' THE STUDY OF DEPTH PSYCHOLOGY, HOWEVER, HAS RECENTLY TURNED FROM STRICTLY THEORETICAL CONSIDERATIONS TO THE CONCRETE APPLICATION OF THESE CONCEPTS TO CRIMINAL LAW. IN PARTICULAR, THE SCIENTIFIC, PSYCHOLOGICAL EVALUATION OF SUCH SUBJECTIVE LEGAL TERMS AS 'MENS REA,' CRIMINAL INTENT, AND CONSCIOUSNESS OF WRONG-DOING HAS BECOME A TESTING AREA FOR THE EXTENT TO WHICH CRIMINOLOGICAL THEORY CAN BE INCORPORATED INTO PENAL LAW. THE POSITIONS OF VARIOUS CONCERNED SCIENCES (EXPERTS OF PENAL LAW, COURT PROCEDURE, CRIME THEORY, AND DEPTH PSYCHOLOGY) ARE REGRETTABLE IN THAT THEY ARE ALL OPPOSED TO THE INTEGRATION OF PSYCHOLOGICAL FINDINGS INTO CRIMINAL LAW. IN PRESENT COURT PRACTICE, PSYCHOLOGICAL FACTORS ARE NOT REALLY EXCLUDED; RATHER, THE JUDGES EVALUTE THEM IN TERMS OF AN UNSCIENTIFIC, STEREOTYPED EVERY-DAY KNOWLEDGE OF PSYCHOLOGY. CRIMINAL LAW SHOULD BREAK AWAY FROM THE IRRATIONAL CONCEPTS OF A 'COLLECTIVE PSYCHOLOGY' (I.E., PUBLIC OPINION). ONE IMPORTANT STEP IN THAT DIRECTION IS THE APPLICATION OF CRIMINOLOGICAL FINDINGS TO CRIMINAL LAW. --IN GERMAN. (SAJ)