Tímarit lögfræðinga - 01.10.1989, Page 13

philosophy of criminal policy in the Nordic countries. Many experts
have taken leave of their treatment euphoria when trying to organize
their prison system so as to do as little harm as possible to the
prisoner, presenting him with a choice of modern social therapy and
educational means, but without any oppressive or brain-washing me-
thods. The new prison law of Iceland, introduced in 1988, may be
inspired by such ideas. Unfortunately we have not yet a German,
English or other accessible translation.
SECOND PART: The main criminal sanctions in present-day
criminal policy.
The second part of my lecture deals with such different criminal
sanctions as the death penalty, imprisonment, fines and with the
alternatives to deprivation of liberty such as community service,
diversion and mediation. I shall try to describe the part they play in
actual criminal policy.
1. The death penalty. — a) The traditional penal responce of society to
the most serious and atrocious crimes is the death penalty. Its value
and justification are doubtful. Both are subject to profound political
and ideological differences of opinion. On the one hand, an influential
movement urgently demands complete abolition. Such is the view of a
world-wide and very active humanitarian organization which is called
Amnesty International. On the other hand, the death penalty is sup-
ported by a relatively large section of public opinion and maintained
in the legislation of the majority of countries. Scientifically speaking
there are no rational reasons at all for upholding the death penalty in
present-day criminal policy. Yet there are many which clearly militate
against it. These may be summarized in the statement that the death
penalty is unnecessary, inhuman, mostly unjust and always irreversible.
b) Following these reasons, in some countries, such as the Federal
Republic of Germany, Italy and Spain, it has been abolished by way
of the Constitution. In international law there are indications that the
abolitionists are on the increase. Yet, under the European Convention
on Human Rights of 1950, Article 2 Section 1, the death penalty was
recognized unreservedly. Following this evolution, the International
Covenant on Civil and Political Rights of 1966, in Article 6 Section 2,
limited the death penalty already to the most serious crimes. The
same is true for the American Covenant on Human Rights of 1969.
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