Impact of the Criminal Justice upon Personality of a Juvenile Delinquent
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Abstract
Legislator sees the Correction of a Juvenile Delinquents as one of the most important aims of the criminal justice. Both Lithuanian Criminal law, and Lithuanian criminal procedure declare the correction of a persons as their objectives.
It is highly important that the legislator often believes positive impact of criminal justice upon personality to be a matter of fact, a phenomena generated from the very essence of criminal law and criminal justice.
Only recently the problem of the mechanism of the impact of the criminal justice was arisen. In a great bulk of criminological investigations it was demonstrated that criminal sanction has no predetermined effect upon personality and outcome of the criminal punishment on personality depends on multiple factors intermediating the interaction between a criminal sanction and a personality.
The main shortcoming of current investigation of the problem is that the greatest part of research is focused only upon the impact of criminal sanction. The point is that the criminal sanction and its impact seems to be only a small part of the whole effect of criminal justice. Prof. J. Galinaityte and others have shown that the greatest part of the impact on personality do other parts and institutions of criminal justice. There is a good reason to believe that every contact with the criminal justice and its officers, participation in every single its procedure makes a complicated and presumably significant effect upon personality.
The aim of this report was to analyse the structure of overall impact of criminal justice upon personality.
The classification of most important influences of criminal justice upon personality was developed.
It was suggested to distinguish general and specific, direct and indirect, positive and contra–productive impacts. These divisions gave the ground for four – and eightfold classification of the impact and for integrated concept of the impact of criminal justice upon personality.
It is highly important that the legislator often believes positive impact of criminal justice upon personality to be a matter of fact, a phenomena generated from the very essence of criminal law and criminal justice.
Only recently the problem of the mechanism of the impact of the criminal justice was arisen. In a great bulk of criminological investigations it was demonstrated that criminal sanction has no predetermined effect upon personality and outcome of the criminal punishment on personality depends on multiple factors intermediating the interaction between a criminal sanction and a personality.
The main shortcoming of current investigation of the problem is that the greatest part of research is focused only upon the impact of criminal sanction. The point is that the criminal sanction and its impact seems to be only a small part of the whole effect of criminal justice. Prof. J. Galinaityte and others have shown that the greatest part of the impact on personality do other parts and institutions of criminal justice. There is a good reason to believe that every contact with the criminal justice and its officers, participation in every single its procedure makes a complicated and presumably significant effect upon personality.
The aim of this report was to analyse the structure of overall impact of criminal justice upon personality.
The classification of most important influences of criminal justice upon personality was developed.
It was suggested to distinguish general and specific, direct and indirect, positive and contra–productive impacts. These divisions gave the ground for four – and eightfold classification of the impact and for integrated concept of the impact of criminal justice upon personality.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.