Les+modèles+de+justice+criminelle

-It is difficult to find a system of classification for criminal law systems -Non-useful models are based on: -The distinction between rights in the common law and in civil law - is not that helpful in criminal law, as there are many convergences here. -The distinction between western and socialist rights (fallen with the USSR) -The distinction between secular rights and religious rights (not many Islamic states) -The author suggests that the best form of classification involves two models for criminal law: 1) **La modèle autoritaire (La confiance absolue dans la repression ; or Crime Control !)** -not preoccupied with protecting individual liberties -two main variants – severity is necessary for maintaining public order; 2. criminal severity can permit political and social change
 * L’Existence de Modèles - PRADEL**

-ideology : concerned about the cohesion of society, the integrity of the person and his patrimony -if the individual disturbs society, he should be punished (Bentham) -this theory has regained popularity among some in recent years and they advocates strengthening police and punishment -the idea that “la peine n’est pas seulement un moyen de prevention du crime, elle est aussi une réponse méritée à l’acte de l’auteur” (Von Hirsch, p.128)
 * 1.1 Variante de la protection de l’ordre public**

__INFRACTION__: we see this authoritarian doctrine manifested by the incrimination of certain types of deviance –criminalize //certain states of being// and thus stigmatize various pre-delictual activity (ie Uruguay, Belgium, France where it was a crime to be a vagabond) -criminalization of usage of drugs and possession for personal use (ie in France; in US with reference to the latter) -criminalization of behaviour linked to organized crime – idea that organized crime is threatening democratic societies and thus very stiff sanctions for the following: -terrorism (interpreted broadly) – p.133-4 -mafiia phenomenon – p.135 -money laundering – p.136

2) **Le modèle libéral (La Confiance relative dans la répression)** -ideology : the state recognizes the autonomy of the individual, implying respect nd dignity. Regarding delinquency, liberalism involves reinsertion of the criminal in society and compensating the victim for his injury. -criminal liberalism is based on assuring a balance between the fight against crime on the one hand and protecting individual rights and freedoms on the otherà -Plato – criminal justice should permit the criminal to “tirer profit de sa peine” and reconcile with the victim “en passant de la querelle à l’aimité” -Voltaire and Montesquieu – argued for punishment in proportion to the act, for the suppression of torture, representation by lawyers, a criminal system founded on the rule of law -by the middle of the 19th century, the accent was placed on the treatment of the criminal and improving the conditions of detainment -this theory exist today and includes the twin components of human rights and the rule of law (the limitation of power by the law to assure the protection of the individual – in the context of criminal law, this involves having all of the criminal rules contained in a legal test) – Beccarria: “les lois seules peuvent fixer les peines de chaque délit”

-includes the idea that we do not punish simple criminal resolutions or preparatory acts -the softening of criminal procedures and punishments is associated with this variant
 * 2.1 – Variante de la moderation du système pénal**

-there are two main ways of having the criminal law recede – one is a priori (prevention – like community policing, neighbourhood watch, etc ) the other a posteriori (diversion, depenalisation and decriminalization) -A Commission on the Reform of Law was established in Canada but disappeared around 1992 – the point of departure was that the Code should only prohibit those actions that are considered sufficiently bad
 * 2.2 Variante du repli du système penal**

__DIVERSION (DÉJUDICARISATION)__ -developed out of criminology - -reduce the number of delinquents by removing some infractions from the penal system – the least grave ones -today, diversion is becoming more popular in doctrine and practice -its aim is to better compensate the victim – see theory of restorative justice -we see diversion within the judicial system (re: minors, arose out of idea that classical repression is poorly suited to minors) and external to it (ie community boards in US)

__DEPENALISATION (__not sure what exact Eng word is here) -an act is no longer considered an infraction but it is still sanctioned administratively or otherwise – a certain act is not a crime but a merely regulatory offence (ie speeding) -realization that it was expensive to criminalize so many acts before and that it made sense to set aside those acts which were not morally offensive (not consider them crimes)

__DECRIMINALIZATION__ Decriminalization goes the farthest of all to declare some comportment nondelictual. It is the extreme version of liberalism as there is no longer any sanction, criminal or otherwise. -It includes two elements – legal decriminalization (de jure) and the recognition of a legitimate right to a mode of life previously contrary to the law (see flag-burning, abortion, etc)