The low age of criminal responsibility is not just a falling edge in a process of expansion of the punitive power of the state, whose axioms come from the United States and are applied for some decades in Argentina. The speech is highly repressive for the most vulnerable sectors of society, stigmatizing social and installing the idea that we live in a permanent state of war, in which the enemy to defeat, the poor, the homeless, the marginalized, was managed by the same actors that promote the proliferation of punishment. This, leads to excessive punitive inflation, ie a permanent and ongoing need to expand the repressive arms of the state, clogging the streets of effective police, providing ever more powers to the police, significantly expanding the number of criminal units, and above all, increasingly tightening the system of criminal laws.
impossible to separate this discourse of the neoliberal model, as known, and suffered "by the Latin American peoples, and that the essence of both precedence values \u200b\u200brather than market and consumer demands and social freedoms. These attributes, taken from the neoliberal approach, do not take into account-at least explicitly-the "why" of punishment, but the "how" of it. State is measured in terms of punishment market, primarily importing not "spend" it too much. The "security" in this game is just a product offered on the market, which many players get a return on their marketing. The mainstream media, the most prominent frivolous environmental, political parties, among other agents, place the problem in a society that, despite its weaknesses, seems to be the safest in human history. Despite freedom from wars, epidemics, genocides, natural disasters, as previous generations suffered, ordinary people feel a sense of insecurity completely disproportionate to their true merits. It is striking this social schizophrenia in a community in which the restraining nets, for those who make up the system, often exist in almost all spheres of life. More content is the individual, the more insecure you feel.
Returning to the shaft, the issue of punishment currently conceived, so basic, superficial, and lacking any scientific basis, in my opinion, does not present a promising horizon for the future. Rather, the speech is an intrinsic element that strengthens it: its inability to fail. In this sense, historical evidence shows that what destroys a criminological theory is the recurrence of the individual. To shift the person in criminal actions, demonstrates the inherent inability of the speech to resolve the problem. Now, however, repeated merely intensify the model since it does nothing to prove to society that the penalty is being applied not be sufficient. At relapse the subject, this society, educated to fight the enemy neatly marginal, is organized to apply for an extension to the political power of the punitive power in favor of "pay to" the offender has committed the damage. This, inevitably leads to a disproportionate level of violence, a stigmatization of the "other" dangerous, an extreme number of persons deprived of their liberty.
For all these arguments, mentioned without requiring development, we should not decontextualise down at the age of accountability, rather, seems to be a field rather than the punitive power wants to conquer in his quest to criminalize, disable, and control a larger number of groups considered at risk. As criminal law attorneys, sociologists, criminologists, I strongly repudiate any corresponding expansion of the punitive power, as it only raises include the most vulnerable and disadvantaged sectors of society through criminal punishment. Curiously, a state that has not arrived in time for contain, educate, provide employment, health, and recognize the human rights of youth at risk, the offer appears to apply a late penalty. This, far from fulfilling the promise of lower hypocritical social violence tends to increase considerably.
No more, thanks for reading.
(letter a few weeks ago CEPOC)
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