Quaderni di criminologia clinica最新文献

The literature on the treatment in regard of criminals, normal or mentally unbalanced, has been particularly abundant in recent years. The present work reviews some of it, with a view to establishing some evaluation criteria in respect of treatment, in its practical implementation and at the level of scientific research in the sector. In the first part of this work, starting from recent and drastic criticisms on treatment, that point out the inefficacy of it in respect of a decrease in the relapsation rate, an analysis is carried out, on the basis of the latest research work, of the methods of execution and of the results obtained by the various treatment methodologies applied; also highlighted are the weak spots that still exist, at the level of methodological approach, in the scientific research sector, as well as the poor integration existing between the latter and administrative structures of the criminal execution setup. The second part of the work chiefly deals with of the psychiatric features of the treatment vis-à-vis normal or mentally unbalanced convicts; as it is pointed out, psychiatric treatment is confronted with special difficulties in its intramural application, owing to the ever existing conflicting views between the experts and the administrative setup; the efficacy and the possibility of implementation are pinpointed, of some therapeutic treatment methodologies (individual psychotherapy--group psychotherapy--group counseling). A picture emerges therefrom that is by far less alarming than the initial assumption: the practical application of the treatment may be improved and made more effective, whilst the rôle psychiatry must acquire in the work towards the rehabilitation of the criminal, must be necessarily defined.

The Author has examined the period successive to July 1975, namely, from the approval of the new prison System to the present day, highlighting the manifold negative aspects due to the incomplete application of the reform and not neglecting to review also the positive aspects of the regulations applied. The Author laid special stress on the distorted interpretations given to some different regulations of the System and on the ensuing wrong procedure that has been established, whose correction represents the only way not only towards a proper application of the reforming law, but also for preventing the most serious risk the reform is liable to run; that of being made the object of revisions and abrogations that might ultimately change their nature and jeopardise their objectives. The Author reviews the practical consequences of both the erroneous interpretations of the law and of its misapplications, dwelling on Article 30 in the first place, which has prompted some to define the law the "reform of leaves". Also examined was the problem of the special prisons, the usefulness of which is confirmed by the Author, who upholds the view that they must function in full observance of the regulations, for reasons of equity and opportuneness. From the rehabilitation treatment angle, the prison work, the participation of the extramural community, the "leasure time", the assistance after release. Still in the framework of his critical approach as to the prison reality, the Author illustrates the situation of the health service, and reviews the positive points that have been achieved in the implementation of some reform institutions, with special regard to the new disciplinary approach and its satisfactory results that have already been statistically observed. More adequate talks and correspondence by letter or through the telephone, a better compensation for the prison work, the convict representation in some sectors of intramural life, the measures as an alternative to enprisonment, all these actions represent the practical results of the reform achieved so far in a rather satisfactory way. After dealing with the figure of the surveillance judge, of the director and of the military personnel of prisons, setting forth observations and proposals to enhance their work, the Author declares, by way of conclusion, that he is fully convinced that the reform will ultimately attain its important targets, laying stress on the fact that the good will and the contribution of all those who are called upon to participate in its realization, may prove instrumental in shortening the period of time required for making the reform fully operative.

The Author makes a 'tour d'horizon', albeit summarized, of the problems brought about by the victim "from crime" in the exclusive picture of criminology. After defining the dogmatic relations between criminology and victimology, stating that such a (new) discipline highlights the entirety of the criminal event centering upon the dyad criminal-victim, the latest classifications of the victim viewed individually and also in his manifold relationships with the acting subject, are reviewed, in the attempt of identifying, on the basis of the various situations of victimization as they occur, if not some causal laws proper, at least some constants and some emerging lines susceptible of an in-depth analysis. After hinting to the problems brought about by the victim in the supranational prospect, and by the crimes so-called without a victim, the importance of the victim from the criminalistics and criminal execution angle, is outlined, and the Author closes up, by way of conclusion, and at the operational level, broadly hinting to the most suitable methods for the prevention and repairing in regard of the victims of crime.

The Cattle's IPAT anxiety scale test has been used in a population of prisoners during a three years period. The specific features of these subjects suggest great caution in the interpretation of this tests, that was originally validated on different populations. For psychodiagnostic and therapeutic purposes each score should be specifically checked. Other observations are made and some suggestions are also given.

Prof. Lyra discusses in this article the basic problem of criminological sciences, stating that its essential object of study is the determination of the genesis of crime. The Author states that, before defining the crime genesis, it is necessary to outline, through a synthesis of epistemological restructurization of criminology itself. This way, we can develop a conception of Dialectic Criminology, where the term "dialectic" does not necessarily coincide with a marxist posture, but it extends along much more complex and comprehensive parameters. Dialectic Criminology is defined, in Lyra's conception, as a Classified Criminology, synthetizing both the psychological approach (clinical criminology, or micro-criminology), and the sociological approach (sociological criminology or macro-criminology), according to an anthropological basic frame of reference, which constitutes the new and original prerequisite. To this aim, according to Prof. Lyra, it is necessary to overcome merely biological or psychological theories, and the new sociologisms, which cannot explain deviant behavior without falling into dogmatism or relativism. It is necessary to give back to criminology its original ethico-philosophical roots, and to place the problem of crime within a new "praxis" concept, which takes into account the authentic freedom of man, interracting with historical evolution. This way, through Dialectic Criminology, we can overcome the conception of crime and delinquency viewed as counterparts of the concept of Law.

The Republic of San Marino adopted a new Penal Code which came into force on Ist January 1975; it replaced the former one of 15th Sept. 1865. After having stated the typical aspects of the Penal Procedure System therein enforceable, the Authors examine the rules concerning criminal responsibility and the danger of committing new crimes. They point out and criticize the relevant contradictions. In explaining the measures regarding punishment and educational rehabilitation provided for by the San Marino's legal system, the Authors later consider them from a juridical and criminological viewpoint. If some reforms must be approved (for example: biopsychical inquiry on the charged person, probation, week-end imprisonments, fines according to the incomes of the condemned, etc.). the Authors stress that some legal provisions may appear useless and unrealistic when one considers the environmental conditions of the little Republic. The Authors conclude that Penal Procedure Law is not in accordance with Penal Law and, consequently, they hope that a new reform will be grounded on the needs arising from the crimes perpetrated in loco. It shall be, however, necessary to plan a co-ordination among the two Codes within a framework of de-criminalization of many acts which are now punishable as crime.

The present report contains a collection of statistical data concerning the phenomenon of kidnapping for extorsion purposes during the period from 1968 to 1977; it also contains remarks and observations concerning the development of crime. A brief indication follows of the ways of carrying out negotiations and of paying the ransom, and some initiatives of the insurance companies to cover the risks deriving from kidnapping. The above subjects, which are closely connected with the problem of the illicit transfer of capital of criminal origin, are followed by a brief summary of the action of the magistrature, of the regulations at present governing kidnapping cases and of the measures taken to prevent recycle of currency.

While recent studies suggest that psychotherapy has little impact on recidivism, these studies are far from conclusive and they tell us little about the ultimate value of psychotherapy in the correctional setting. Aside from the issue of recidivism, psychotherapy in prison has many practical and humanistic advantages. The incarcerated offender may seek psychotherapy because of motivations that are totally unrelated to the issue of release. It is useful to consider psychotherapy of incarcerated offenders in terms of the relevance of helping factors that are critical to all types of psychotherapy. Some of these factors have less therapeutic influence in the prison setting than in the free world. Certain factors such as tension reduction and the learning of new behaviors probably have a greater therapeutic affect in the prison setting.

The author examines the situation of psychiatric treatment of abnormal offenders under detention, and lists ten problem areas: 1) Lack of interdisciplinarity; 2) Lack of proper diagnostic categories; 3) Lack of definition of treatment goals; 4) Lack of integration into general criminal policy planning; 5) Mistaken emphasis on "prediction"; 6) Politicization of the concept of deviance; 7) Non-recognition, on the part of the professions, of their institutional role--the "who is the client" dilemma; 8) Confusion of forensic with criminal justice system roles; 9) Considering detention an isolated process, and not as part of the criminal justice system continuum; 10) Lack of basic research and of comparative studies.