将犯罪学理论纳入喀麦隆刑事司法系统

Q3 Social Sciences
Emmanuel Ebolloh, I. Sama-Lang, T. Ojong
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引用次数: 0

摘要

目的:本研究考察了喀麦隆刑事司法系统中犯罪学理论的结合,特别是古典学派、新古典学派、实证学派和失范学派。方法:犯罪学理论侧重于解释犯罪的原因,确定犯罪的风险因素,并解释如何以及为什么制定和实施某些法律。本文所采用的方法是定性的,即关注定性现象,所选择的方法是理论和经验的,包括对现有文献、判例法和观察的内容分析。调查结果:研究发现,喀麦隆《刑事诉讼法》、《喀麦隆刑法典》和其他立法中所阐述的犯罪学理论的认识尚未得到充分理解和执行,这构成了一个主要问题。这篇文章的结论是,在17世纪和18世纪引发辩论的主要人物希望对刑事司法系统进行全面改革,以改善社会福利,因此受到人道主义的启发,促使他们对全球刑事司法系统和监狱的任意性、残忍、血腥和低效提出质疑。对理论、实践和政策的独特贡献:该研究建议,了解一个人犯罪的原因以及个人行为的特定方式,将有助于政策制定者制定更好、更有效的方法,将这些犯罪学理论充分纳入喀麦隆刑事司法系统,从而形成控制犯罪和改造罪犯的方法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Incorporation of Criminological Theories in the Cameroonian Criminal Justice System
Purpose: The study examined the incorporation of criminological theories notably the Classical school, Neo- Classical School, Positive school as well as the Anomie School of thought in the Cameroon Criminal justice system. Methodology: Criminological theories focus in explaining the causes of crime identify the risk factors for committing crime and explaining how and why certain laws are created and implemented. The methodology adopted for purposes of this article is qualitative which is concerned with qualitative phenomenon and the chosen methods are doctrinal and empirical which involves a content analysis of existing literature, case law and observations. Findings: The study discovered that the perception of criminological theories as articulated in the Cameroon Criminal Procedure Code, Cameroon Penal Code and other pieces of legislations have not been fully understood and implemented and this constitutes a major problem. This article concludes that the major protagonists who animated debate during the seventeen and eighteen centuries wanted a total overhaul of the criminal justice system in order to improve the welfare of the society and so were inspired with humanitarianism that gave them the urge to question the arbitrariness, cruelty, goriness and inefficiency of the criminal justice system and prison across the globe. Unique Contribution to Theory, Practice and Policy: The study recommended that understanding why a person commits a crime and why individuals behave in certain ways, would help policy makers to develop a better and efficient ways of fully incorporating these criminological theories in the Cameroon Criminal justice system that will shape the ways to control crime and rehabilitate the criminal.
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来源期刊
CiteScore
0.80
自引率
0.00%
发文量
55
期刊介绍: IJPLAP covers issues of public law and policy of international relevance. It includes thought-provoking contributions on how public international law obligations inform national approaches in a wide range of sectors, as well as on how the state''s experiences contribute to shaping and advancing the international agenda. IJPLAP features articles, editorials, notes, commentaries, analyses of jurisprudence and legislation and book reviews written by leading scholars and practitioners working in law and related fields, such as economics, philosophy and political science. Topics covered include: -Traditional issues of public international law (including treaty law, institutional law and dispute settlement)- Human rights- Foreign and security policy, migration- Trade and investment- Taxation- Financial regulation- Competition- Intellectual property- Environment, energy and food security- Digitalisation and data protection
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