22 Questions
What was the primary focus of the défense sociale nouvelle, influenced by French legal scholar Ancel?
Amelioration and inclusion of offenders
What was the outcome of Martinson's work, as stated in the text?
An increase in imprisonment and a rediscovery of retribution and prison
What is the primary goal of punishment in the risk society, according to the text?
Deterrence and incapacitation
What is the underlying assumption about human nature in the retribution period, according to the text?
Humans are free of will and morally responsible
What is the term used to describe the act of making amends or reparation for guilt or wrongdoing, according to the text?
Expiation
What is the characteristic of the risk society, according to the text?
A culture of fear
What is the primary aim of the offence-centred approach in criminal justice?
To protect the public and prevent future victims
What is the main consequence of the rise of the risk society on crime policy?
A more punitive and security-focused approach to crime control
What has been the impact of the transformation of penal modalities on juvenile courts?
Their use and social significance have been transformed to focus on security
How has the approach to crime prevention changed in recent years?
It has become more focused on security and crime control
What has been the impact of the transformation on the role of the victim in crime policy?
The victim has become more prominent
What is the primary focus of the client-centred approach in criminal justice?
To support the offender's rehabilitation and social relations
What is the consequence of the decline of the rehabilitative ideal in criminal justice?
A more punitive and security-focused approach to crime control
How has the perception of the offender changed in the context of criminal justice?
The offender is now seen as a risk to public security
What has become the main and overarching goal of justice since the recent terrorist attacks?
Security
What has resulted from the increased focus on security in criminal law?
An inflation of criminalisation and penalisation of high-risk behaviour
What role does risk assessment play in modern criminal law?
A significant role, as it informs sanctioning decisions
What is a consequence of the increasing instrumentalism of criminal law?
The undermining of traditional Enlightenment principles
What has been the impact of the focus on security on the principle of resocialisation?
It has been transformed into a privilege for select detainees
What is a characteristic of modern criminal law?
A focus on risk assessment and instrumentalism
What has been the impact of the focus on security on the principle of proportionality?
It has been increasingly undermined
What is a consequence of the increased focus on security in criminal law?
A greater focus on the instrumental dimension of criminal law
Study Notes
Criminal Law as a Primary Instrument of Security Politics (2001-Present)
- Since the recent terrorist attacks, security has become the main goal of justice, and criminal law is seen as an instrument of security politics.
- This has resulted in an increase in criminalization and penalization of high-risk behavior, a decrease in procedural protection of suspects, and an increase in sanctions restricting and depriving liberty.
- Security plays a prominent role in modern criminal law, with risk assessments becoming a key factor in sanctioning.
- The estimated chance of recidivism for individual offenders forms an important starting point for sanctioning.
Changes in Criminal Law and Justice
- Traditional Enlightenment principles like harm, subsidiarity, proportionality, guilt, and legality are being increasingly undermined.
- The resocialization principle has shifted from a universal assignment to the government to a privilege assigned to select detainees.
- The state has adapted to its perceived failure to solve the problem of crime, resulting in a policy of controlling crime.
- This paradigm shift has led to a re-emergence of punitive sanctioning, increased concern for security and crime prevention, and a decline of the rehabilitative ideal.
Transformation of Penal Practices
- The transformation is not a change at the level of traditional institutions and practices, but rather at the level of culture within the existing system.
- Penal modalities like parole and probation have become more security-minded instruments for crime control.
- Rehabilitative interventions have shifted from a client-centered approach to an offence-centered approach, focusing on protecting the public and preventing future victims.
Historical Context
- In the welfare state, delinquents were seen as victims of poor social circumstances in need of support, but now they are seen as a risk to public security that needs to be controlled.
- The French legal scholar Ancel's défense sociale nouvelle emphasized the amelioration and inclusion of offenders, addressing underlying causes of criminality.
The "Nothing Works" Era and the Re-Invention of Retribution and the Prison (1975-1985)
- Martinson's work led to the idea that "nothing works," resulting in an increase in imprisonment and a rediscovery of retribution and prison.
Preventive Criminal Law and the Risk Society
- Revenge, deterrence, and incapacitation became the primary goals of punishment, with prevention prevailing in the risk society.
- Retribution has been instrumentalized for the realization of deterrence and incapacitation.
- In the risk society, feelings of fear dominate, and repression is seen as prevention.
This quiz explores the role of criminal law as a primary instrument of security politics since 2001, including the increased criminalization and penalization of high-risk behavior.
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