NCJ Number
90738
Journal
Revija za Kriminalistiko in Kriminologijo Volume: 28 Issue: 2 Dated: (April-June 1977) Pages: 85-93
Date Published
1977
Length
9 pages
Annotation
Some proposals for criminal law and court practice are presented which are based on the premises of the so-called new criminology, which argues that man -- within the range of his possibilities -- makes a free choice, decides, is conscious of the consequence, and takes over responsibilities for them.
Abstract
The article gives an account of the proposals of Nils Christie and Inkeri Antilla which deal with (1) the role of the damaged party within criminal proceedings and with incorporation of civil law elements into these proceedings, (2) the rejection of the treatment ideology, and (3) tariff prescription and application of penalties. The author accepts Christie's initiative under (1) as a proposal worth considering in the future, provided such proceedings would not entail greater discrimination between the rich and the poor than exists today. As for (2), the author consents that treatment in penal institutions could be the right and not the duty of inmates, provided the research results would verify the expectations. As for (3), the author rejects the tariff way of applying penalties as a conceptually acceptable solution. This means that, in the future, it will still be necessary to look for the content of the penalty or for its adequate replacement at the time when it still exists. A total of 28 footnotes and 29 references are provided. (Author summary modified)