POPULIST PUNITIVE APPROACH

Populist Punitive Approach



Populist Punitive Approach

To what extent are contemporary penal policies and practices influenced by a populist punitive approach? Critically discuss.

Crime, ever-existing phenomenon in the corporate class, it has now been propelled to the center of our concerns more priority, as it constitutes a real problem whose intensity has grown significantly in postmodern societies (Haines, Case, 2007, p. 338-55). The attention to crime embodied in an alarming expansion and internationalization of criminal law, has, in fact, become the instrument par excellence to appeal, despite the inefficiency that science has shown in his social unfulfilled and unfinished task of reducing crime. In this sense, the disagreement persists in areas of criminal doctrine about whether penalties and criminal law with them constitute the best means to deal with the behavior criminal (Haines, Case, 2007, p. 338-55).

The representatives of the criminal dogmatic supporters of the resurgence of the deprivation of freedom seem to know that, despite all the penalties applied to date, the fee remains extraordinarily high recidivism, hence rightly states that the variation of reaction characterized by increasing social indiscriminate penal rigor would only lead to system sizing of Justice without a corresponding reduction of the criminal phenomenon. The criminal punishment more extreme variants, we refer to the death penalty and imprisonment, represents a peculiar social surgery in which surgeons and their instruments (penal system) removed a part of the social body (the defendant). This has shown with his behavior (unlawful act) to be the bearer of a certain "social malignancy" (Hutton, 2005, p. 243-25). The foregoing allegory evokes the immense risk of violent remedies, which should be used only in extreme situations for which no alternatives exist.

It is no small danger, the penalty over the life in society. The alternative criminal justice response to crime should not be enthroned as the most favored in securing the desired social peace, precisely because it is a violent and injurious action recommended being used only as a last resort. The statements above shall not be construed as an absolute denial of the criminal law would be impossible without this regulatory mechanism of human behavior, because its absence would create uncertainties undoubtedly propiciantes behavioral conduct detrimental to the community (Hutton, 2005, p. 243-25). Thus, the existence of laws and criminal enforcement mechanisms in practice provide a relative social order.

We recognize that punitive intervention alone does not guarantee the elimination of criminal behavior, however, even when the laws are not the solution we cannot ignore the certainty that, at the present time, we lack relative peace and social stability, if the legal field does not act as facilitating regulatory factor other political social fight against crime. Therefore, "Criminal Law prevents anarchy and, therefore, is indispensable. Wait too long when it assumed that through harsh penalties will substantially reduce existing crime." Thus, society has traditionally protected from criminal behavior through criminal law (Roberts, Hough, 2005, p. 212-232).

Development

Socialization, re-socialization and Social Control

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