Clinical Criminology and Components of Criminal Danger
Introduction
In this activity we will be reviewing issues related to clinical criminology, such as the components of criminal danger, in which they include issues and elements such as criminal personality, criminal capacity and social adaptability, as well as we will review the guilt issuepenal.
Developing
The concept arises for the first time in 1878 with Rafael Garofalo and from that date it has been applied within clinical criminology.
Since its inception, Garofalo divided it into two:
- Criminal Capacity: It is the constant and active perversity of a criminal and the amount of evil that can possess.
- Social adaptability: it is the ability of the offender to adapt to the environment in which he lives.
Criminal danger
It is the obvious ability of a person to commit a crime, or the probability of becoming the author of one.
From the reforms to the Local Criminal Code, of February 1 of the year of one thousand nine hundred and ninety -four, the punishment will be imposed based on the determination of the degree of guilt of the justiciable;This is, the danger criterion is abandoned, therefore, the preceding behavior or personality study should no longer be taken into consideration, so that the active subject of the crime is now sanctioned only because of the unlawful fact he committed, not because of whatHe did before, since it emphasizes that we are, from nineteen ninety -four, in front of a guilt code due to the act committed and not of danger that punishes the life of life or the past of a criminal. Criminal danger establishes and measures the importance of damage caused with the crime and recidivism of the criminal author.
Therefore, a person will be considered dangerous when it is believed that it can cause damage or that can commit a criminal act.
Which makes it an authoritarian system and with a total human rights violation.
Criminal guilt is aimed at a guarantee right, which was reforming from 2008 with the implementation of the new criminal justice system.
Where the application of penalties and security measures are determined, based on the evidence and expert opinions collected, as well as the victim and victimizer’s statements;In addition to the judgments are oral and with rapid processes.
Criminal guilt comes to refute the term of criminal danger, since the person who commit crimes for their actions of the past is not judged now, but for their current criminal act.
For guilt there must be a behavior of crime, that is, there must first be the action or typicity and antijuricity.
Conclusions
As we saw, it is very important to know all the concepts that include criminology, since they serve to know the ability of a person to commit crimes, as well as study the reasons why a crime is committed and especially to know how to prevent them.
As well as to determine the typology, its prognosis and the fixation of the therapeutic measures that must be applied to such antisocial behavior, and on the other hand the criminal guilt, which is guarantee, unlike the violation of human rights of the determinationof criminal danger, as we saw in this activity.
It is worth mentioning the reforms that have been made regarding the Mexican criminal system, since as we know the criminal justice system has had several reforms, which have been made to carry out a more fair system and above all respecting human rights.
As we know before having our new accusatory criminal system, there was the inquisitory criminal system, which consisted of a total violation of human rights, in addition to the procedures were very late and the files were endless, where these writings did not allow thevictim’s defense.
In addition to that the judgments were totally closed and secret and doubted the impartiality of the judge, since it carried out the entire process, instead our new criminal procedural system was created to respect the rights and the process is totally humanistic;In this type of criminal system, the process is oral and the audiences are recorded, generating an environment of more justice and above all makes the process faster unlike the long judgments of the inquisitory system.
The new accusatory criminal system is a process that revolutionized Mexican justice, with the aim of imparting justice and preventing corruption;In addition to this new system, human rights are respected and above all end the inquisitory system, where torture was clear.
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