Clinical Criminology

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* Clinical Criminology

* Diagnosis criminological

* Application phase of a criminological opinion

* Conclusions

* Bibliography


This final work is the result of an investigation of criminological studies, and the work of criminologists, which undoubtedly is in constant contact with the law, it is therefore of vital importance to the student the right to know the odds that a person may have to be sentenced, or at least from declaring open preinstruccin period, which as we know, begins with the detention order, issued by the judge hearing the criminal case.

In this paper we will see what a criminological opinion, its stages, that serves as shapes, not without making mention of what the interview in criminal matters – criminology.

Similarly important part of this study is the treatment to be followed for such persons which have committed crimes which we anticipate, not all need treatment.

To get to the stage of treatment is necessary, establish a prognosis, which is forecast in future and give views which we will see in the chapter on this topic.

We conclude this with a discussion of the importance of law enforcement of judgments, and the interrelationships with the opinions criminological useful for studying the actions of early release.

Clinical Criminology

1.1. – Concept:

Technically you can define clinical criminology as multidisciplinary science that studies the offender in a particular way, to know the genesis of his criminal conduct and apply personalized treatment, ensuring their reintegration into society.

Part of the trial and individual offender, the offense considered as pathological abnormal behavior, a personality conflict with a particular problem of violence.

If a set of activities identified by the term clinical criminology, then:

It consists of the integrated and joint criminological knowledge and diagnostic techniques to particular cases and diagnostic and therapeutic purposes.

Certain literature such as Di Tullio Benigno us defined as follows:

It is the science of anti-social behavior and criminal enforcement and based on deep analysis of individual cases, abnormal or pathological.

This current attempts to give a comprehensive explanation of each case, considering the human being as a biological entity, psychological, social and moral. Is said to come from Lombroso.

According to Professor Benito Almilcar Fleita criminology studies the myriad ways in which criminal acts are manifested and fisiopsquicos character of the offender. Do not try to explain or establish the degree of responsibility of the offender, but to set the degree of dangerousness as the danger that may result in their coexistence in society.

The word comes from the Greek clinic bed. In its origin, is the part of medicine taught to observe, diagnose, cure diseases and predict the bedside of patients.

1.2. – Object of criminological clinic:

The clinic aims criminological, by analogy with the medical clinic, provide an opinion about an offender, this review contained a diagnosis, prognosis, and treatment if necessary.

For the teacher Tulio Di Benigno clinical criminology should be understood as the science of criminal and antisocial behavior, based on observation and in-depth analysis of individual chaos, whether abnormal or pathological.

Intends to apply the theoretical knowledge acquired in criminology generally to a particular case. It works, so to speak, giving a vertical cut all disciplines of criminology general, to apply all the knowledge thereof to an individual.

We may therefore define clinical criminology as a science that studies the offender concrete multidisciplinary approach by a team in order to criminological and re-socialization.

Diagnosis criminological

2.1. – Definition:

As you explain the previous chapter and from the perspectives of various authors, and being in the understanding of the definition of clinical criminology, you need to define the word etymologically clinic, before entering the study of what the criminological diagnosis, what above for a better understanding.Clinical Criminology is called because it comes from the Greek cline, meaning bed, bed.

The clinician’s task is to observe, diagnose, predict the patient in bed. These are the main objectives of clinical criminology.

It has become clear that the criminalist is based on studies conducted by other members of the Interdisciplinary Technical Council to document the different lines, but has its own area, and that its mission is to catch data with criminological importance. [1 ]

Assuming that each offender is a biological individuality, psychological and social, where everyone gets a different way to the commission of criminal behavior and therefore should be studied, known and understood from their family history as the personal and social, which may ultimately provide us criminological diagnosis regarding personality profile genesis of criminology and criminal behavior. [2]

A simple listing of records that must be taken into account for determining the offender’s character, does not offer a solution to the problem, should be interpreted and penetrate.

Not everyone has equal importance, few have a fundamental importance, as true human personality cores, etc..

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However, in view of this we know from the rising of a criminological study, now we’ll see how it fits. Just as its main objectives. It aims to clarify the degree of danger of the subject under study, and to achieve this, apart from specialized diagnostics must run two partial diagnoses, one criminal capacity and other social adaptation. [3]

In criminological diagnosis, an analysis of the opinions of experts and conducted their own interviews and observations, the criminologist make your project goes diagnosis. [4]

We must take into account that the diagnosis should be two variants:

a) – the phenomenological, the clinic also called, which analyzes the mode of occurrence and the severity of the hazards.

b), the etiological, which seek the factors affecting this state and, if applicable, the reasons that led the way to act.

The diagnosis is made in three successive stages:

* Diagnosis of criminal capacity or dangerousness

* Diagnosis of social maladjustment

* Diagnosis of dangerousness.

To achieve this, apart from specialized diagnostics (psychological, medical, social, etc.) Must run two partial diagnoses, one criminal capacity and other social adaptation.

The school clinic is analyzing the crime to establish a diagnosis, prognosis and treatment.

As we said a diagnosis is used to determine the degree of risk of an individual coming into play the two aspects mentioned above. The most important step is to act and there four major phases:

* Consent Mitigating factor: conceived and does not reject the possibility of the criminal offense.

* Formulated Consent: Where the person decides to commit the crime.

* State of Danger.

* Acting out: The offense.

The criminological study may vary in terms of breadth and depth because it may be required in various situations. [5]

Rodrguez Manzanera, distinguishes or classified as follows:

* A) or preventive predelincuencial, applied to subjects at risk status, shareholders, with a view to prophylactic.

* B) processed for the judge, as a report, appraisal (Public Ministries, defense, or umpire), and for the institution, should have custody.

* C) sentenced, as imprisonment.

* D) conditionally released, to grant the benefits or, once granted, monitor and control lead.

* E) released, for evaluation and corresponding traces.

* F) In detention, whether in research or administrative sanctions, there are cases where it may be necessary.

2.2.-The criminological study objectives are: [6]

* 1. Appreciate, analyze, evaluate and complete the reports submitted by other technicians.

* 2. Knowing the personality, history and motivations of the subject, indispensable to the formulation of reasonable hypotheses about the potential for crime.

* 3. Perform the synthesis criminology, and give a diagnosis, prognosis, and treatment program.

* 4. If convicted, criminological review the record made on remand and record changes.

2.3.-Methods of criminological study [7]

The most common methods used in the criminological study are:

* 1) The review and study of the legal record.

* 2) The review and analysis of the various reports

* 3) The observation of subject, direct and indirect

* 4) The interview

* 5) The history criminology

* 6) Visit to the scene.

2.4. – The Interview.

The interview subject is essential, can not conceive a criminological study without having had direct contact with the individual analysis, we could be talking about clinical criminology.

Therefore care must be taken in the interview, it should not look like a police interrogation, because it can block the subject, to their distress and strengthen their defense mechanism.

Since then the interview should be prepared beforehand, and must adapt according to the characteristics of the subject and of the case and the objectives pursued.

Avoid making it too long, it is not repeated interviews of other studies, it is not wise to be reiterante to obtain data that may be found in the reports of other technicians. Only it must be emphasized that the reports that have been omitted or frank we found discrepancies.

2.5. – Medical history.

The criminological history study is a model designed by Professor Loudet Argentine Osvaldo. They mentioned that the clinical history of criminological research is a chronology of the endogenous and exogenous factors that lead to a subject of crime, considered the latter as a biological-social phenomenon. [8]

Indeed, the criminological history allows the process that led to the offense, as various motivations of each individual, and criminal dynamics.

Covering all the data related to the life of the individual, their past, present and future perspectives, allows dynamic interpretation by others valuable for the development of criminological report. [9]

2.6.-The report criminology.

It is the final document in which the criminologist presents a summary of key data and criminological synthesis ago.

This report should contain consisting identifying where the studies were conducted for this report file that can often be in prisons.

Another element that will contain are the generals of the subject, his name, his nickname, names of parents for better identification of the subject.

Similarly should contemplate the methodology used, and the application detallndola held at a given moment, in fact. Just as biological, psychological, social, as is taking place in a social environment and in school in their work whether or not anti-social behavior, that type of behavior expressed more affluence, etc.

After determining the above is performed criminological diagnosis, prognosis and treatment will be observed.

2.7. – The Forecast Criminology.

It is a statement about the future behavior of an individual or a group, referred to law enforcement. In this, it may include other forecasts from certain subfields of criminology, such as forecasting victims.

Is the finding that a subject will commit antisocial behavior, prognosis refers to recidivism is to predict whether an individual has committed an antisocial behavior will do it. There are two types of recidivism, the generic, which is when the recidivist commits antisocial behavior different from that previously held, and the specific, that is when the act committed is the same. The problem of clinical criminology, is to try to know in advance what are the chances that criminal offending.

The prognosis depends on the diagnosis, or the diagnosis must be prior to the forecast, the diagnosis is the basis, the starting point for the forecast.

Put another way, the diagnosis is an interpretation in first grade and prognosis, using the results of the diagnosis, is an interpretation in the background.

2.8.-criminological treatment.

The set of elements, rules and techniques required to restructure damaged personality of the offender and make it suitable and productive in your social circle. Also known as individual action on the offender to try to model your personality, to pull them away from crime.

Is the mode or manner in which a person, situation or thing is handled, can be improvised or be predetermined by a set of rules established by a practice, law or regulation, either separately or complementarily. The treatment must comply with the preset, must not infringe certain fundamental rights and should be the subject of criminological investigated, each seeking crime prevention and treatment excessive extension.

You can not always give a treat and not all the time requires a criminological treatment, where treatment is not appropriate are:

* A) When the sentence imposed does not allow, such as death, as these penalties should disappear.

* B) When there is not enough material items such as facilities, workshops, implements, etc..

* C) When there is adequate staffing.

* D) If the subject does not need it for their morality, dignity and altruistic feelings.

* E) When it comes to criminals who break the law by having a different ideology, for example politicians.

* F) When we are faced with refractory offenders, or those not found suitable treatment such as professional and habitual multirreincidentes, psychopaths, etc..

Implementation phase of a criminological opinion

Methodological aspects in the assessment of treatment have taken a leading role in the current criminological discussion, since it depends criminological opinion analysis, understanding of the treatment itself, has entered a stage of evaluation of evaluation.

As for the possibility of treatment, should be of two types: legal and factual.

Legally, there should be the ability to deliver it, if the law does not give that possibility will be blocked.

Factually, there must be sufficient material, facilities and trained personnel, otherwise any possibility vanishes.

It is not always possible to give treatment, and not every subject that has broken the law requires a criminological treatment.

Evaluation of treatment should be based on objective data obtained from observing the external behavior of the subject, for example, the absence of infractions of the institution in which they are located, but is valuable criminological study also the internal aspect of the subject, to learn how to capture and evaluate treatment and which can be effective.

With a view to achieving better legal alternatives to the community and continue to contribute to the fight against overcrowding and for a new culture of prison rehabilitation and social rehabilitation, which also allows perfectly and professionally delineate the separation between these functions and the early release, it is expected the urgent need to have a specific area of the judiciary, which contributes to the reduction of the prison population in full respect for the rule of law and allow strengthening the credibility of our institutions in charge of the prison system

It is estimated that by establishing the executive judge of judgments, achieved full transparency, effectiveness and fairness, for the case of preliberaciones, killing altogether probable favoritism which could point to an institution that apparently performs a dual role in reviewing records of those sentenced, whose records have been elevated to the status of res judicata under federal offense and optionally also decides who are candidates who are authorized preliberatorias measures and benefits provided by law.

Thus, part of the criminological doctrine stated that is obviously beneficial in our reality end the discretion of the administrative authority responsible for the enforcement of sentences, leaving that responsibility to judge the execution of sentences, who besides being a specialist in criminal law and criminal procedure, must be knowledgeable broad criminological and penal aspects, to ensure that the major reform proposal to the national prison system to meet its objectives.

Becoming clear provisions in paragraphs immediately preceding it examine the Law on Execution of Sentences, which are transcribed some articles for better understanding and in order to see the importance of criminological studies and therefore criminological opinion.

Article 10. The prison system will be progressive and technical and will consist, at least, of periods of study and diagnosis and treatment, the latter divided into phases of treatment preliberacional classification and treatment. Treatment will be based on the results of studies of personality that the criminal practice, which must be updated periodically.

Efforts will be made to begin the study of the inner personality since becoming subject to this process, in which case they will take turns copy of the study to the jurisdictional authority of which it is dependent.

Article 11. Preliberacional Treatment may include:

I. Information and special guidance and discussion with the inmate and his family of personal and practical aspects of their lives in freedom;

II. Methods collective;

III. Granting greater freedom within the establishment;

IV. Transfer to open institution, and

V. Furloughs weekend or daily nocturnal prison or out on weekdays with weekend detention.

When applying treatment measures established in sections IV and V, condition its grant of authority, compliance with the provisions of section III and in paragraphs a) to d) of Article 84 of the Federal Penal Code. Such measures shall not be granted when the convict is in any of the cases referred to in Article 85 of the Penal Code mentioned. The authority may revoke such measures, as provided in Article 86 of the Penal Code cited.

Article 43.The preliberacional treatment aims at the social reintegration of the individual.

Article 44. Preliberacional treatment include:

I. Information and special internal guidance on personal and practical aspects of their lives in freedom,

II. Granting greater freedom within the establishment,

III. Application of therapeutic techniques and psychotherapies socio collective and all those that contribute to better social integration,

IV. Open to the institution, and

V. Pre-release regime.


While curative measures are certainly useful, not only for those who are sentenced to alternative special arrangements freedom, but to any other penalty, or indeed for anyone who requires such measures are only beneficial healing when who have the problem. And that’s exactly where lies the importance of the criminologist, and criminological studies performed by them, as you saw in the present research, opinions criminological derivatives responders in clinical criminology, play an important role, and decisive moment in its decision for early release of prisoners, this is after it is issued formal arrest by the judge hearing the criminal case.

That is why instead of setting curative measures as punishment, in cases where appropriate, the statement must indicate that the administrative authority responsible for the enforcement of sentences of imprisonment not, should guide the sentenced regarding the possibilities within its power to turn people and institutions specialized in the treatment of addiction or detoxification, as applicable, subject to their oversight function of the restrictive measures of freedom, which in turn foster the conditions for the sentenced is served.

Undoubtedly, the current legislation is not sufficient because it does not regulate specific cases if not merely subjective, therefore is a pure cause they should employ more qualified staff in prisons and so in this way to free up prisons of inmates which increase every day bringing with it a demographic problem for criminal therefore results in a problem for the government.

It is necessary and urgent to create new laws that support the prison work; objectively allowing to balance the existing prison population and capacity, so the Federal System Law Enforcement of insufficient.

Modernity requires the immediate adoption of strategic correctional measures, able to develop a criminal policy appropriate to the current conditions of the rehabilitation centers, to improve compliance with the role of prevention, rehabilitation, social rehabilitation and reintegration of the inmate, who by the Executive and Judicial must exist in relation to the prison problem.


* Luis Rodrguez Manzanera, Clinical Criminology, Ed Porrua. Mexico 2005

* Penal Code for the State of Baja California Sur

* Code of Criminal Procedure for the State of Baja California Sur