Revista Pensar en derecho N�2.indd
Punishment of crimes, particularly imprisonment, have sparked controversy because of its poor or even counterproductive results both to stop criminal acts and to reintegrate offenders into society and even more so by the absence of adequate compensation to victims, especially when irreversible damag...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
| Publicado: |
Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2013
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| Acceso en línea: | http://www.derecho.uba.ar/publicaciones/pensar-en-derecho/revistas/2/crisis-actual-del-sistema-penitenciario-y-de-la-politica-penal.pdf http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_3080 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_3080.dir/3080.PDF |
| Aporte de: |
| Sumario: | Punishment of crimes, particularly imprisonment, have sparked controversy because of its poor or even counterproductive results both to stop criminal acts and to reintegrate offenders into society and even more so by the absence of adequate compensation to victims, especially when irreversible damage occurs. To address this situation, this paper has resort, from a psychosocial perspective, to the Theory of Change developed by the researchers of the Mental Research Institute of Palo Alto, California, according to which only radical changes, often paradoxical, are appropriate for unlocking situations where repeated attempts based on partial changes have led to "more of the same". The paper develops a proposal to replace punishment, defined by spanish criminologist Antonio Beristain as "a merely afflictive sanction", by a another sanction that should be reparative for crime victims and should permit the repersonalization of offenders. A model called Restorative Virtual Prison is briefly exposed as a possibility, analyzing the advantages of using it to replace the current response of unproductive jailing. This model consist of three main parts: strictly monitored freedom (a strict security measure), reparative and/or community work, severe enough to prevent impunity or leniency objections (a painful sanction) and rehabilitation groups similar to those used in Alcoholics Anonymous (a new social reintegration program). Afterwards, this paper analyzes the possible difficulties and the possible societal rejection that could result from such paradigm change. |
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