Social and Criminal Law Control
Social control is an inalienable basic requirement of social life through which every group or community ensures the norms and expectations of behavior of its indispensable members to continue existing as such, as long as it gives limits to the freedom of man and leads toHis socialization as a group member.
People live in society and necessarily interact with their peers, they must always behave with them properly with normal and general actions, to the extent of their role within the system, that is, their behavior must be coupled to the social norms and prevention that society that societyor the community experiences, in a state for a better development. If the person acts or behaves "bad", society catches your attention, rebukes it and separates it. And violence always acts for this, Marco Antonio Terragni tries to express that social control constitutes the set of mechanisms that are intended to obtain certain behaviors of individuals in their social life. It can be exercised, says the Argentine author, through family, education, religion, political parties, science, art, mass media, etc. Hence, when talking about the different forms of social control, its various characters are alluded to: diffuse and institutionalized.
Criminal law is the set of legal norms that define certain behaviors as a crime or lack and have the imposition of penalties or security measures to those who commit them. Thus, where there is human behavior there will be criminal law. It is a sector of the legal system characterized by the object, which are the criminal behaviors, those that the legislator intends to prevent citizens from committing, and for the instrument he uses to warn and to punish those who get to commit the crime, the penalties, which are the most serious repressive intervention for the freedom and rights of the citizen, fundamentally the prison and the fine.
It is also the most forceful instrument that the State has to avoid the most socially undesirable behaviors and establish the social order, so it is a means of social control. What differentiates it from the other means of social control is that criminal law is formalized by legal norms, so we refer to the formal criminal decree as a set of legal norms.
Criminal law is one of the formal social control instruments, so its content must be concordant with the entire social control system and also has to respond to a value system, pretending to avoid certain behaviors. Also, we affirm that criminal law is outside the informal instruments, since these instruments are not legally formalized.
With respect to its functions, it is possible to distinguish the function of the maintenance of the social order, trying to defend the constitution and the function of promoting values, since the State intends that its control systems are fair.
It is very important to emphasize that criminal law as a means of social control responds to a value system. In that sense, it is established that “the State always intends that its control systems are fair and destined to do justice, but justice and justice are different meaning values for each other. And we believe that the assessment must be done from the angle of the Constitution, since this summarizes the aspect of democratic legality that represents the most preponderant values consigned in precepts and norms in the Supreme Charter.
Criminal law, as a social control system, provides the most serious responses to the most intolerable attacks, which is why they can only be used as the last mechanism, reserved only for those cases in which the misplaction or inadequacy of individual behaviors cannotRepair or corrected through other less harmful instruments, that these mechanisms are insufficient, or that the severity of attacks on commonly accepted values makes social organization in danger.
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