Criminal Law and Psycho-analysis
"I think that it is highly desirable the criminals should be hated, that the punishments inflicted upon them should be so contrived as to give expression to that hatred ... I think that the proper attitude of mind towards criminals is not long suffering charity, but open enmity: for the object of the criminal law is to overcome evil with evil."
This observation of sir James Fitzjames Stephens, an eminent English judge, is undoubtedly not typical of the expression of opinion of the large number of crimnal lawyers. For the most part they are not accustomed to express themselves so freely and so unhesitatingly and, in this respect, they respond to the wishes of the society which they represent. The emotion in the criminal law is concealed behind a system built up with scrupulous care- behind ingeniously well-grounded judgements. Everything seems directed to the elimination of the subjective and perhaps that is the reason why lawyers have so little sympathy with psychology.
This is a great misfortune for the criminal law. In the field of education, psycho-analysis of analysis and of teachers who have been analysed. Child psychology to-day comprises one of the most important and fruitful psycho-analytic fields. Why then has it not been possible to make a similar psychological approach to criminal law and to crime ? Educationalists and criminologists have many points of contact. Both must concern themselves with the nature and effect of punishment; noth must consider questions of social adaptability and, finally, both must take stock of themselves and of their reaction if they wish to do more than oppose one emotion with another.
There are a number of detailed analyses of asocial children and young persons which have close affinity with the attitude of adult criminals, and which make the origin of asocial behavior comprehensible. There is a no man's land between education and the criminal law : care for the wayward youth. Here theory and practice have kept in step.
The assistance of the criminologist, however, has not been sought in the analusis of the criminal law. The important work of a number of psycho-analysts, and even the co-operation between an a lawyer (Alexander and Staub) have been very little considered and, above all, have had scarcely any influence in practice. The reasons for the aversion of the lawyer for psychology lie in a number of factors, which are interdependent and which comprise both the cause as well as the consequences of this distaste.
Book of criminal law that use in this reference :
-Paul Reiwald. SOCIETY and its CRIMINALS. Internasional Universities: Amerika.
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Labels: Civil Law