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CULTURAL PERSPECTIVES ON PUNISHMENT (FROM PUNISHMENT PERSPECTIVES IN A CIVILZED SOCIETY, 1977, BY ISABELLE COLLORA ET AL - SEE NCJ-56676)

NCJ Number
56680
Author(s)
R RAMIREZ
Date Published
1977
Length
4 pages
Annotation
CULTURALLY CONDITIONED PERSPECTIVES OF THE MEXICAN-AMERICAN ARE IDENTIFIED AS THEY BEAR ON THE STYLES OF PUNISHMENT LIKELY TO BE MOST EFFECTIVE IN THE REHABILITATION OF MEXICAN-AMERICAN OFFENDERS.
Abstract
THE MEXICAN-AMERICAN IS NEITHER SIMPLY MEXICAN NOR SIMPLY AMERICAN; HE HAS THE BLOOD-SPIRIT OF THE SPANISH AND THE INDIAN, PLUS THE INFLUENCE OF LIVING IN THE UNITED STATES. THE CULTURAL VALUES AND CHARACTERISTICS DESCRIBED IN THIS PRESENTATION ARE LARGELY BASED ON THIS COMBINATION OF INFLUENCES. THE MEXICAN-AMERICAN IS GENERALLY A RELIGIOUS PERSON WHOSE CONCEPT OF GOD--HANDED DOWN MORE THROUGH AN 'OSMOSIS' PROCESS THAN THROUGH SPECIFIC INSTRUCTION--IS THAT OF A DEMANDING GOD WHO MAY BE MERCIFUL BUT MUST BE JUST. THIS MEANS THAT HE IS ABOVE ALL A VENGEFUL GOD WHO JUSTLY PUNISHES THOSE WHO DEPART FROM HIS PRESCRIBED WAYS. WHILE PUNISHMENT IS AN ACCEPTED FACT OF A PERSON'S DESTINY, THE MEXICAN-AMERICAN DOES NOT THEREBY HOLD A DEMEANING VIEW OF THE WORTH OF EACH INDIVIDUAL. THE WORTH OF THE INDIVIDUAL IS PERCEIVED AS BEING GOD-GIVEN AND IMMUTABLE. THE MEXICAN-AMERICAN IS PERSON-ORIENTED, MEANING THAT EACH PERSON IS PERCEIVED PRIMARILY AS A POTENTIAL OR ACTUAL FRIEND AND SECONDARILY AS A FUNCTIONARY OR ROLE-PLAYER. THE MEXICAN-AMERICAN ALSO HAS STRONG FAMILY TIES, OWING PERHAPS TO A BASICALLY AGRARIAN FOLK CULTURE WHICH STRUGGLES FOR SURVIVAL THROUGH THE COOPERATION OF ALL FAMILY MEMBERS. CONSEQUENTLY, THE FAMILY, ESPECIALLY THE PARENTS, SUFFER MUCH SHAME WHEN A FAMILY MEMBER IS CONVICTED OF A CRIME. THE LAW IS PERCEIVED BY THE MEXICAN-AMERICAN AS AN IDEAL WHICH IS NEITHER NECESSARILY OBTAINABLE NOR ENFORCEABLE, SUCH THAT IT CAN BE ADAPTED TO PARTICULAR SITUATIONS. THESE CULTURAL PERSPECTIVES OF THE MEXICAN-AMERICAN CONDITIONS HIM TO ACCEPT PUNISHMENT AS INEVITABLE IF GUILT EXISTS, BUT PUNISHMENT MUST BE APPLIED EQUITABLY AND JUSTLY. DISCRIMINATION IS PARTICULARLY PAINFUL FOR THE MEXICAN-AMERICAN, BECAUSE IT ATTACKS HIS SENSE OF WORTH AND RADICALLY DEPARTS FROM THE WARMTH GENERALLY RECEIVED THROUGH FRIENDS AND FAMILY. REHABILITATION SHOULD AIM AT ENCOURAGING REGULAR CONTACT WITH THE FAMILY, IF POSSIBLE, THROUGH COMMUNITY-BASED CORRECTIONS. (RCB)