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Crime, Punishment, and the Criminal Law: A Psychoanalytic Summary and Analysis

NCJ Number
151821
Journal
Journal of Psychiatry and Law Dated: (Fall 1993) Pages: 337-361
Author(s)
C G Schoenfeld
Date Published
1993
Length
25 pages
Annotation
This application of psychoanalytic psychology to the law is based on the belief that criminal law has been formed not to meet the challenges posed by crime and criminals, but rather to satisfy the emotional needs of law-abiding citizens.
Abstract
This article discusses aspects of man's instinctual aggressiveness from a psychoanalytic perspective, focusing on development of the superego and concluding that a main function of law is to help remedy man's inability to control his aggression sufficiently to allow the peaceful progression of civilized society. The two primary purposes of American criminal law are to exact retribution and to deter further criminal activity. Psychoanalytic discoveries about the relationship among the id, superego, and ego, and their association with the oral, phallic, and anal stages of infancy, lead to the conclusion that rehabilitation can occur when the superego of criminals is strengthened, thereby blocking the emergence of their antisocial id impulses. Nonetheless, the author argues that restructuring the superego is a complex, time-consuming task that cannot be readily accomplished in the chaos and violence of the prison environment. 58 notes