Colorado Business and Legal Advices » Prosecutors http://www.partidocolorado.org Complete Business and Legal Advices in Colorado Tue, 31 Jan 2012 06:28:03 +0000 en hourly 1 http://wordpress.org/?v=3.3 POSSIBLE CRIMINAL LAW: prison is not the only solution, nor the best (part III) http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best-part-iii.htm http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best-part-iii.htm#comments Thu, 15 Jul 2010 14:07:47 +0000 Bernard Shaffer http://www.partidocolorado.org/?p=218 In a recent lecture given in Mallorca, one of the members of the Platform, Angel Luis Ortiz Delgado, Judge at the Court No. prison supervision. Madrid 1, more than 28 years of experience, he argued the importance of building or place more emphasis on restorative justice from mediation and methods based on non-violent dialogue strategies.

* He explained that currently, the application of criminal law is approached as an inverted pyramid. Be located above the widest part, or the judicial power in the right half and in the narrowest part, the tip, is the interest of the victim. And this group proposed that the pyramid is reversed, and the widest part and important is the interest of the victim.

There is much to be done.

Ignorance to clarify, electioneering and morbidity to cut / remove, exaggerations to put into perspective and bold steps, though politically incorrect, to give.

Platform and other rights are possible and are doing this. Now it is necessary for society to want to face the reality that prison is not like under the carpet, the place where we hide everything that disturbs us rather than seeking solutions.

We are in time of change and deep cleaning every one of the sectors and fields. Nobody is going to deliver: education, medicine, politics, economics, religion, art, breeding, industry, food, …

The judicial system is compromised (The Country). We talked about the New Consciousness in the Bar, and now new life in the criminal law.

The prison is neither the only nor the best social systems of conflict resolution and while that’s not managed positively, NOT a better world is possible.

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]]> http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best-part-iii.htm/feed 0 POSSIBLE CRIMINAL LAW: prison is not the only solution, nor the best (part II) http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best-part-ii.htm http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best-part-ii.htm#comments Mon, 12 Jul 2010 14:00:53 +0000 Bernard Shaffer http://www.partidocolorado.org/?p=214 The Platform is Possible Another Criminal Law explains that Spain is one of the countries of the EU in which the higher the deviation between the offenses, the subjective perception of insecurity and the use of prison, that ignorance and fear is exploited by politicians of all sign for electioneering and that we must fight “representative from prison, and the use of criminal law merely symbolic because the problems are not resolved or only or mainly with the adoption of criminal laws .

The Platform calls for an informed and calm debate on imprisonment and punishment, and thus seek to remove the false myths created around the criminal justice system who are these 13, each of which is explained in depth here:

1. The myth “the Spanish penal system is a benevolent system,” a “is the most repressive in Europe”

2. The myth “the life sentence does not exist in Spain: implántese” to “there are in fact life sentences in the Spanish State and, in some cases by the inability of this review, is stricter than other states that do have it in their Codes ”

3. The assumption that “the profile of the average prisoner is highly dangerous” to “prisoners, mostly are not in prison for committing serious or violent crimes”

4. The myth “prisons are institutions comfortable and secure” a “are spaces in which death is a constant presence”

5. The myth of the “existence of a direct correlation between increased crime and the number of prisoners,” the disconnect between the number of criminal offenses and the increase of people in prison ”

6. The myth “offenses are an expression of human freedom, a free individual decision by each one must pay” to “a large majority of them have a direct link with social exclusion”

7. The myth “the criminal justice system to protect victims”, to “the criminal justice system keeps on suffering without offering different possibilities of repairing the damage”

8. The myth “the penalties are met in a small part” to “are met in full and the vast majority of people do within the prison compound in the ordinary regime”

9. The myth “permits should be limited by the insecurity generated” to “exit permits are a necessary part of rehabilitation, humanizing and low risk”

10. The myth “the law of the child has generated impunity for minors, it is very soft and does not punish,” to “criminal action on over 14 years and under 18 is higher than that of the adults and even punishable by imprisonment and harsh penalties ”

11. From Myth “called efficiency of the penal system” to “the apparent inability of the criminal justice system for the satisfactory resolution of conflicts”

12. The myth “enter through a door and out the other” to “many enter prison even without being judged”

13. Budget “offenders are, in general, people without morals and compassion,” a “in more cases than we think, have feelings of regret and be willing to repair the damage caused”

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]]> http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best-part-ii.htm/feed 0 POSSIBLE CRIMINAL LAW: prison is not the only solution, nor the best http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best.htm http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best.htm#comments Fri, 09 Jul 2010 13:49:34 +0000 Bernard Shaffer http://www.partidocolorado.org/?p=212 POSSIBLE CRIMINAL LAW: prison is not the only solution, nor the best

“Spain has a much lower crime rate than the European average (in the United Kingdom doubled ours) and a downward trend in crime for 20 years. However, 90% of citizens believe the country is becoming more dangerous and a higher percentage of prisoners than any other European country: the figure has increased fourfold in 30 years ”

“Society seems to believe that the prison is full of very dangerous criminals, but not true. The vast majority are imprisoned for drug offenses or against property. The prison should be used when really necessary. Not valid for all ”

“The prison is hard. Society is not aware of what it means to be imprisoned, it is a vital devastation ”

“Spain has to consider effective alternatives to prison, with experts and so quiet. There can be no more prisoners in our jails ”
Carlos Rios Julian Martin, a professor at the University of Comillas, criminal law expert and author of book

“Revenge or reintegration? How do we ensure the provision of justice? Do we need a collective reflection, serious and serene on the role of prisons, the reasons for their overbooking and type of convictions?

Of course, in a country with an uncontrolled expansion of the penal system, with few but very serious crimes based on media coverage that create alarm morbid social and political pressure on legislators, and public demonstrations clamoring for tougher sentences, chains sentences and to the gallows, there is clearly fertile ground for an initiative such as the Platform Other Criminal Law Is Possible to see the light.

More temperance rather stick to reality, more technical and less blind fits of rage are the essential ingredients for reform and clean prisons and criminal law. And this cleansing and renewal is underway.

Judges, prosecutors, law professors, teachers, lawyers, psychiatrists, doctors, sociologists, institutions, organizations and ordinary citizens, increase the list to join the Platform is Possible Another Criminal Law which aims to report the problems and shortcomings of Spanish prison system performance and “humanized, creating a criminal law that creates the least possible personal violence, to ensure respect for fundamental rights and protect the legitimate interests of repair material and emotional support to victims.”

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