Criminal Behavior And Its Policy

Criminal behavior and its policy

Introduction

Criminal policy is merely the study of why individuals commit typified behaviors, in other words, is responsible for studying, understanding and making known why they commit criminal acts. In order to understand what it is, we have various definitions by the scholars of the subject of which we will only take the one presented by Rodríguez Manzanera, since from my point of view it is the easiest to assimilate and on which I have based mainlyTo develop my own criminal policy criteria.

The doctor. Luis Rodríguez Manzanera, defines us criminal policy as the science that aims to study the prevention of antisocial behaviors;Which frames to the point of view that is addressed in this essay, because, currentadequate social to achieve concrete and focused prevention.

Developing

Starting from the scientific point of view that gives us the necessary panorama based on a system with certain steps to follow, putting in context the social investigations made by the criminal science of criminal policy;Remembering that the law follows from the social field, so it is discussed of a criminal policy, which starts from a specific and determined system that leads us to a conclusion after carrying out the guidelines indicated.

Why criminal policy? In the words of Rodríguez Manzanera, we have that, it is necessary to link the prevention and fight against crime with political action, in which goals to be carried out by the State are postulated;Starting from the definition that politics is the science, art and virtue of the common good.

In consequent, we can determine that the policy is one that seeks collective well -being and this well -being, it must also be inclusive in criminal law, since it is responsible for sanctioning the behaviors that go against collective well -being or as the author states, link politics to the fight against crime, not only to eradicate it, but also with the eagerness to prevent it.

But, now that we determine what politics is and that this must be linked to crime, since the crime is a threat to the community, it should be noted that by crime we do not refer to what is typified in the Criminal Code, but towhat we understand as antisocial behavior;In other words, crime is all that act that alters the peace and security of the community.

The policy connection with crime really is to achieve anti -criminality, that is, the prevention of behaviors that affect society, being the State entrusted by the community to perform this task. With the advancement of science, society and politics have also done so, adopting the principles of criminology, giving rise to a criminal policy based on the knowledge provided by it, changing criminal policy for a criminological policy, change by virtueof scientific and technical development. 

With the positivist advance of prison systems and thanks to what is contributed by criminal policy, it was possible to establish a series of steps to follow to achieve a clearer and more precise study of what crime is and the forms for their prevention, giving riseto the criminological policy, which is currently called by being governed by a study system or methodology that helps determine the reason for the actions of individuals even providing for a conduct before being committed and preventing it from being carried out. 

The criminological policy has currently become a practical use for the legislator, since the criminal science. Claus Roxin, comments on the scope of criminological policy that ‘transform criminological knowledge into political-critical demands.

You are in turn in Lege Lata or Ferenda legal rules, it is a process whose specific studies are equally important and necessary for the establishment of the socially fair.”In clearer words, Roxin, gives us the guideline on which criminological policy is based, since in order to transform criminological knowledge to a political sphere.

We must not neglect the importance of the relationship of both so that legal rules can be determined by virtue of the socially fair, since criminological studies allow politics to analyze behaviors and resolve the conflicts of society by anticipating the behaviors thatThey affect the community and typifying it in a penal code. But, it should be added that criminal policy is not exclusive work of jurists, but also specialists in several sciences of man and community such as the authorities of the people and democratic authorities are also involved.

With the evolution of human and social sciences, so have democracy and social coexistence, achieving with these advances that criminological policy is not based solely on a law criminology, but that other sciences are taken into account, andthat this begins to escape from the legal and judicial domain. Reason for the above is that now there is a criminal policy called by the set of matters that help determine the socially correct in a more concrete way.

Criminalists believe that the most important thing is the harmony of the system, when the important thing is the operation of this;To what Rodríguez Manzanera tells us that "the goodness of the system is measured by the way the practical problem solves". That is, to determine the proper functioning of a criminal system and detached from this a good penitentiary system, it is not enough with the simple creation of a good criminological policy, but this must be carried out with the intention of solving social controversies, since only then can the effectiveness with which the provisions of criminological policy be carried out.

In other countries, criminal law is only aesthetic for social control, with which as any legal system is governed by stable norms that provide the safety of citizens, protecting in the same way that there is no disagreement between legal assets protected withThe need and interests that currentness demands from our social life.

In the case of Latin American countries, criminological policy, a crime that is economically and culturally. While on the other hand, technical advances have produced new forms of crime that are being left out of the guidelines provided for in criminal legislation, which have hindered the development of the aforementioned countries, being illegal or moderately legal, since not being detected, they continue in secret and become extremely complicated to determine them according to the political-critical guidelines. 

Seen from a simpler sense, we can say that criminality goes a step in front of criminological policy, because while scholars strive to foresee and prevent atypical behaviors, society finds new ways of committing them according to the time and social environment thatIt surrounds them, since as we know criminological policy it is nothing more than a branch of the study of law and law is a branch of sociological study, which by conclusion gives us that criminological policy is constantly variable, although it does not go toThe pair with society.

Luis Fernández folded, tells us that. The borders of criminal repression must be set based on the sociocultural evolution of the community, which manifests the complexity that the social structure entails and that not only does it advance in favor of the community, but also slowly modifiesThe criminal style, therefore it is necessary for criminological policy to also change simultaneously to the society in which it has been created.

because each country determines its policy as long as the needs to be covered with its community;We can also mention that by moving forward science with the needs of society, the criminal modus operandi is also modified by adopting these advances. As for what can be concluded from the criminal policy or known as criminological policy;It is one of the core of our society, because without this, legislators would be impossible to determine the punishable acts, as well as the sanctions and penalties for each one depending on the seriousness of said acts.

Similarly, without the criteria of this criminological policy, so called thanks to the incorporation of sciences and humanistic studies that work together to give life, the judges could not issue resolutions regarding the reach of the damage that the punishable action hasmade to an individual or society, or if this was carried out in a painful or guilty way.

Currently, the criminological policy in the particular case of Mexico is the basis of the criminal system, since this is helped by the various sciences to be carried out, from the June 2008 reform, returning the criminal justice of a vague to a vague to aMethodological that is based on equality between the exact parts and sciences to clarify the truth and determine the sanctions to which each individual is creditor.

conclusion

From what has already been mentioned, we must also add that thanks to the birth of criminal policy and its subsequent evolution to criminological policy, there is the birth of the prison right itself that focuses on the study of how individuals deprived of liberty develop in theirLife of confinement in a penitentiary center, being that penitentiary law is responsible for regulating activities on the execution of penalties and from which the aforementioned National Law of Criminal Execution is detached, which is considered the main regulations that base this investigation.

On the other hand, it is no longer to say that criminal law and penitentiary law go hand in hand with each other and that depend with each other, because without criminal law there would be no crimes or way of punishing them;And without a penitentiary right there would be no way to carry out the punishment provided by criminal law for the commission of a crime, both branches being part of the criminological policy, which aims the common good through prevention through preventionof the typified behaviors.