Spanish term
alienación delincuente
El evento de Francia fue uno de los más determinantes en la historia de los Congresos Penitenciarios Internacionales: en el plano de las discusiones, se sintetizó un consenso concreto en la implementación del sistema celular y la necesidad de adoptar medidas con respecto al tratamiento de reclusos. La alimentación y el peculio consiguieron una repercusión más alta entre los representantes. El auge de la criminología positivista introdujo las premisas biologicistas que fundamentaban la alienación delincuente, que se instalaron en el debate acerca de la clasificación de criminales. La minoridad cobró más espacio entre las resoluciones, que recomendaban a los gobiernos a institucionalizar una edad mínima de imputabilidad.
I don't think "the alienation of prisoners" is right here…
Thanks
Ref. | Taña Dalglish |
Proposed translations
criminal insanity/derangement
https://books.google.com.ar/books?id=iEv5K4lQbecC&pg=PA103&l...
Even if our prison system were transformed, I should still be opposed to finding ... But legal thinking about criminal insanity has scarcely shifted in over a century.
https://books.google.com.ar/books?id=dj44AQAAMAAJ&pg=PA7578&...
Its the section of your prison sentence where being in prison no longer ... criminal derangement is as inherent and unchangeable as DNA
https://forums.sufficientvelocity.com/threads/what-is-the-pu...
Hope it helps!
Thanks |
agree |
David Hollywood
: sorry didn't see your answer in the jungle of posts and wholeheartedly agree with "criminal insanity"
6 hrs
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No worries, David! Thanks!
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agree |
Marcelo González
: alienación, anejación mental = alienación delicuente, I think you're right, Daniel. Saludos :-)
10 hrs
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¡Gracias, Marcelo!
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alienation based on criminality
criminal alienation
Criminal Alienation: Arizona Prison Expansion 1993-2003 argues that border militarization and the criminalization of Latino immigrants has increasingly driven ...
by Z Hammer-Tomizuka - 2004 - Cited by 2 - Related articles
The Criminal Prosecution and Capital Punishment of Animalsbooks.google.com › books
They put implicit faith in Jack Cade's prescription of " hempen caudle " and " pap of hatchet " as radical remedies for all forms and degrees of criminal alienation ...
Edward Payson Evans - 1906 - Animal welfare
Transformations of Policing - Page 64 - Google Books Resultbooks.google.com › books
... of criminal alienation which, by definition, demands the endless mutation and continuous variation of protozoan criminal cells (see also Pearson and Hobbs, ...
David John Smith, Alistair Henry - 2007 - Law
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Note added at 27 mins (2020-05-25 17:52:27 GMT)
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The way I read it, it indicates alienation itself being a criminal act.
Alienation leading to delinquency
social isolation of criminals
However, in Spanish, alienación can also refer to mental illness, and an alienista is a psychiatrist or a specialist in mental illness.
In the Wikipedia article about the Positivist School of criminology https://en.wikipedia.org/wiki/Positivist_school_(criminology... it says the following:
"Sigmund Freud divided the personality into the id, the primitive biological drives, the superego, the internalised values, and the ego, memory, perception, and cognition. He proposed that criminal behaviour is either the result of mental illness or a weak conscience."
The same article also goes on to say the following:
"In general terms, positivism rejected the Classical Theory's reliance on free will and sought to identify positive causes that determined the propensity for criminal behaviour. The Classical School of Criminology believed that the punishment against a crime, should in fact fit the crime and not be immoderate. This school believes in the fundamental right of equality and that each and every person should be treated the same under the law. Rather than biological or psychological causes, this branch of the School identifies "society" as the cause."
I believe your text (in which your term alienación delincuente appears) refers to this latter school of thought.
The below articles related to the Positivist School of criminology discuss the notion of social isolation of criminals:
https://scholarlycommons.law.northwestern.edu/cgi/viewconten...
https://www.nature.com/articles/s41599-017-0009-0
https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=4...
In Spanish, it seems to me they can be quite flexible with the word alienación, as it can mean alienation, distortion or mental illness, whereas in English you'd have to be more specific.
criminal determinism
But exactly how does punishment eradicate the alienation of crime?
Daniel Maggen
Yale University, Law School
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3393001
Aunque tentador ("alienation of crime"), en el contexto particular (premisas biologicistas, criminología positivista), "alienación" parece utilizarse en tanto que limitación o condicionamiento de la personalidad (y no como "alienation"), en este caso en base a factores biológicos (antes que en base a factores externos o sociales, como "alienación" parecería en principio sugerir). Esto es, "alienación delincuente" vendría a expresar el condicionamiento (biológico) de la delincuencia -o de la personalidad delincuente- en tanto que determinismo criminal; (a biological) criminal determinism.
[Positivist criminology]
... each generation seems to produce a new form of biological criminal determinism.
https://books.google.es/books?id=0dCa3xngqBsC&pg=PA28&lpg=PA...
The biological sciences are misused to support theories of criminal determinism which incriminate individuals based on looks and lineage.
https://www.google.com/url?sa=t&source=web&rct=j&url=https:/...
The primary idea behind positivist criminology is that criminals are born as such and not made into criminals; in other words, it is the nature of the person, not nurture, that results in criminal propensities.
https://study.com/academy/lesson/positivist-criminology-defi...
[Positivist criminology]
Some theorists have focused on biological and psychological factors, locating the source of crime primarily within the individual and bringing to the fore questions of individual pathology. This approach is termed individual positivism. Other theorists – who regard crime as a consequence of social rather than individual pathology – have, by contrast, argued that more insights can be gained by studying the social context external to individuals. This approach is termed sociological positivism.
https://www.open.edu/openlearn/society-politics-law/introduc...
agree |
Robert Carter
: Yes, that's how I read it too, "the biological component of criminal determinism".
21 hrs
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Yes! Thanks a lot, Robert. In this particular case maybe "biological premises substantiating criminal determinism" might work?
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criminal insanity
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Note added at 6 hrs (2020-05-26 00:24:14 GMT)
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no doubt about it
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Note added at 7 hrs (2020-05-26 00:28:06 GMT)
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he insanity (mental derangement; lunacy; mental illness). la alienación mental; la enajenación mental · alienación mental [la ~] sustantivo. enajenación mental ...
Alienación Mental | Spanish to English Translation by Lexicowww.lexico.com › es-en › traducir › alienacion_mental
Translation of alienación mental in English: alienación mental. insanity
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Note added at 7 hrs (2020-05-26 00:30:09 GMT)
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Criminal Insanity
Primary tabs
Definition from Nolo’s Plain-English Law Dictionary
A mental defect or disease that, as understood in most states, makes it impossible for a person to know what he or she is doing; or if he or she does know, to know that what they are doing is wrong. Some states define as insane those defendants who acted under an irresistible impulse, even if they knew their actions were wrong. Defendants who are criminally insane cannot be convicted of a crime, because criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make.
alienation / isolation / mental derangement of the criminal / offender
La alienación y el peculio consiguieron una repercusión más alta entre los representantes. El auge de la criminología positivista introdujo las premisas biologicistas que fundamentaban la alienación delincuente y la clasificación de delincuentes.
The alienation and the money raised achieved a higher repercussion among representatives. The increase in positive criminology introduced the boundaries as grounding for criminal isolation (alienation) which initiated the debate on classification.
criminal irresponsibility
"...of lawmaking, the gaze upon the criminal took the basic binary form of ‘mentally sane’ (responsible) versus ‘alienated’ (irresponsible)."
https://dokumen.pub/crime-and-the-fascist-state-1850-1940-18...
"A child under the age of thirteen benefited from an absolute presumption of criminal irresponsibility. This protection continues to be the law in France today."
https://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=...
"A child under the age of thirteen benefited from an absolute presumption of criminal irresponsibility. This protection continues to be the law in France today." https://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=1611&context=ncilj
Reference comments
Ref.
Prins made similar remarks on the correctional ethos of indeterminate sentences in the EUA, ... against their position and the issue remained, once more, unsolved.79 History repeated itself in the ... In this regard, the International Penitentiary Congress of Paris, in 1895, can also be viewed as a decisive turning point in the ...
https://books.google.com.jm/books?id=DIJECgAAQBAJ&pg=PA34&lp...
(Page 34: speaks to th e"International Penitentiary Congress of Paris in 1895" and addresses "habitual delinquents", and "habitual criminals" recidivism (see pages 34 and 35).
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https://books.google.com.jm/books?id=215-OQtLnfsC&pg=PA51&lp... (see page 51).
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https://en.wikisource.org/wiki/Popular_Science_Monthly/Volum...
The result was the holding of an international congress in London in 1872, and its organization upon a permanent basis, with Dr. Wines as president of the permanent commission. The second congress was held in Stockholm in 1878, the third in Rome in 1885, the fourth in St. Petersburg in 1890, and the fifth in Paris in 1895.
One of the things which distinguished the Paris congress from its predecessors was the greater emphasis laid upon preventive work and the establishment of a special department for the discussion of all questions relating to children and minors.
... the city of Paris, and a series of complimentary banquets tested the digestive capacity of the delegates to the utmost.
The session of the congress extended over ten days. It was divided into four sections. The first related to penal legislation, the second to prison administration, the third to preventive means, and the fourth to juvenile offenders.
In the case of irresponsible delinquents and those who commit crimes under temporary aberration, the congress expressed the view that special asylums or quarters should be provided for them, that they should be committed by judicial authority, and only released upon the concurrence of a threefold authority namely, the authority of the court, that of the administration of the institution, and of its medical council.
Under the head of "Preventive Means" were considered those influences not only which would keep men out of prison, but those which would tend to prevent them from becoming habitual criminals. The whole treatment of the subject of discharged convicts received serious consideration.
No discussions were more earnest than those which related to juvenile offenders. The presence of women of experience in this and every other section of the congress was warmly encouraged, and they were gallantly welcomed by M. Pols, vice-president of the commission, who frankly said that the solution of these questions could not advance without the co-operation of women. The multiplied aspects of vagabondage and mendicity, the subject of prostitution and the measures to be taken to break up the systematic trade carried on between various countries through the decoy of young girls, the establishment and regulation of houses of correction, the need of appropriate physical as well as mental education, the relation of parental responsibility and the question of farm school and agricultural colonies, the placing out of children in families, and the supervision of children thus placed were discussed as important phases of child-saving work. It is not a criticism of the congress of 1895 to say that it opened more questions than it decided.
Discussion
In any case, I agree that "the alienation of prisoners" isn't what is being discussed here