Dino Morlacchi Caffe.

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Discussion and analysis of a contemporary issue - the responsibility of Clarence Seward Darrow criminals, (Burr 79-87) - in Part I of the work Burr

the behavior of human beings is absolutely far from adequate to the life of the planet. We can conclude that the myriad problems of many Scientists have discussed the violence against life may present as a milestone in this debate. And what is the crime if it is not an attack against individual and collective rights? Clarence Darrow extends his concerns in his book "A speech to prisoners in county jail Chicago "in this context that the main reason is the cause and cure, because he does not believe in him (Burr 79).

Darrow suppose no distinction between the real moral condition of the population in and out of jail. "It is just as good as the other, as well as he does not believe not that people are in jail because they deserve to be. They are in prison because they can not avoid it because of circumstances that are entirely beyond their control and for which they bear no responsibility "(Darrow 79). This hypothesis addresses the discussions very important in light of the moral state of the real population in an outside prison, as a manifestation of the

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Social forces that govern the flow of exclusions and inclusions of people in society, (foreign) which lead us to the concept of good and evil. Things are not different from primitive times when human beings to lead a piece of wood as an instrument of self-defense, and after all, refine instruments by polishing rocks. And this fact can be better understood if we review the explanation of the law, practiced by men, not by a system legislation that is supposed to solve an abuse of freedom under the rule of law, and is expected to impose the restriction of liberty whenever men behavior is not accepted within society, and standards of moral values. "The first human legal systems have been almost universally Forms the lex talionis, or "the law (of retaliation." ... A law, equal and direct retribution: in the words of the Hebrew Scriptures, "an eye for eye, tooth for tooth, an arm for an arm, a life for a life. "01

An evolution of societies in an attempt to regulate relation shows that the law comes from the assumption that no one can really do justice with his own hands, but the concept of "law of retaliation" is implicit in many circumstances. For example - can be jailed even if self-defense, until this situation is proven. Right Criminal imposes the condition that people are guilty until proven otherwise is proved. And it is also part of Brazil Penal Law, the "Principle Total Defense ", which establishes the right to a lawyer even if the State must show. Thus, justice does not depend on only a financial support mentioned Darrow. [Darrow 81] "... You do not have a good lawyer because you have no money to pay a good lawyer." People can understand a crime, if its described in the law and no one can claim ignorance of a law. The exhibition grounds of criminal law Brazilian includes the foundations of Warton ("Criminal Law" Volume I, 134).

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"If ignorance of a Protection Act were to break this law, there is no law that would not be a bad scrupulously ignorant. The brutal morality, in this point view man becomes, the more would be irresponsible to the eyes of the law, and the worst classes of society would be the most privileged "(Brazilian Criminal Code 25).

Thus, Darrow explanations seem to be very philosophical, but not universal. He should have taken account of legal precepts to specific better understand the foundations of teleological law, which sometimes are not the same because it depends on local conditions where the power of the State must exist to protect society. EG - marginality in Argentina in 2002 is increasing because of economic problems.

Then the responsibility of the trial had to be transferred to any other social institution to prevent injustice in a row. Of course, it is not correct to compare a man to an animal, but what makes us think that the lion's Place is a prison, not the jungle or the circus? What makes us think that instead of a murder is not the prison cemetery or a remote island? Nevertheless, his position is a passive statement, and then the other will be able to decide what to do with it, according to propriety. Do we need to know there are many murders in the prison so that life outside can be established in accordance with safety requirements for exercising his freedom? experience differences in human beings, and it is a basic statement in any education system. Could we put this population of murders separated from the civilized world as a jungle far? Maybe not because they can return. These shifts confirm the status of nomadic men, but do not justify the adversity of the basic human condition monitoring, natural selection, and especially the fundamental difference of Homo sapiens and Homo ferus, which is intelligence, not

         

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learnability only. As Giorgio Del Vecchio said, man is something more than a phenomenon, even as part this Ordinance. The ethical and legal depends on the transcendence of sense when taken as part of a certain content of a decision (Del Vecchio 216).

We do not agree, social inequality is the main cause of crime, but the following egocentric positions of governments and corporations, and living conditions of specific crops

ethnic groups who deny the acceptance the fact that life has changed so much as to reduce social unrest. It requires companies to understand that the rich "as" for them, should be the "minimum" for these companies. The fact that prisons are places suitable for the murders and let someone arrested is still the best way to prevent murders circulate freely among us until we prove otherwise. But it does demand a state of developed countries, which is respect differences, and work. There is no justification for the misery, but we can say that surreptitiously introduces the concept of abundance. The crime is in two parts, between rich and poor. Thus, the falsity of discussion Darrow is the assertion that social justice is linked with utilitarianism and the convenience of people where they may be, or they are aloud to stay. It was not a better place for murder since the medieval castles of the prison existed, and then the modern panopticum, but for sure, since the cross, the electric chair is an improvement in this attempt. The misjudgments have been going for years. The judicial system is precarious, and sometimes ineffective, and this is true. Prisons are schools of crime, rather than a place of transformation and that liberty is not to say, to be arrested. Someone in the world not want to lose? She is precious. By asking our local community, around a position of crime and prison, the majority states, that prisons are absolutely necessary, but the same people interviewed did not agree with these prisoners should be supported by the government, then people

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1. outside work to preserve the dignity and morality. And this fact can be explained provided that "a person chooses a position to satisfy his psychological needs and this condition is responsible for identifying its social function more easily (Mendras 102). So, is it good or bad to say that a detainee has the main function defined by the need to show "Aliens" occupy this position? As Nagel reports, "The world is full of inequalities" (76).

The conflict is inherent companies within the meaning of self-defense, and marginality is a result of the interference of cultural change some unaccepted condition human, which is not accepted in an organized society. "When families are thought to travel diasporical Urbs future, basis for Civitas, the relations will be established pursuant to a contractual relationship as Mayflower, which is a good example and the classic rules necessary social "(Souza 38). Thus, the existence of prisons is a natural consequence of the historicism of the law, which is a basic foundation for social relations man. In the other hand, if we consider the Bible, we can take the passage where it says that "there is none righteous, not one "(Romans 303). But it does not entitle any person to be unjust to others. And that is what we call" crime. "For the reality of South America, is to be reported by the historicism that the marginal population of Europe came to Brazil to try to reduce the prison population of countries like Spain and Portugal, whereas geographic determinism.

But the sophistication of prisons in the first world countries would probably illustrate the ideas of the author of this article correctly, but for our reality, prisons are absolutely necessary, regardless of the conditions of those prisoners who actually live in a school of marginality, but this does not mean that things are different outside. There is too much tension between these two different worlds. The center of the discussion must be the possibility of recovery of prisoners.

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Limits of tolerance and restraint of violence are difficult to maintain, especially in underdeveloped countries, guided by social, economic, religious and determinism.

The Carandiru prison, which is being demolished in Sao Paulo, Brazil, is an example. "It is considered one of the largest prisons in Latin America. Prisoners do everything normal people, regardless of their voice can not be listening. Many of them tried to escape. At eleven hundred have been killed in the latest attempt to do so. There were so tunnel gave way and everyday rebellions, wars of factions and criminal mega-rebellions. Today, he is going left and an education center be constructed in the future. Since 1956 he has been the roof more than 7000 prisoners together. Prisoners are transferred and are prisons. Some directors were dismissed because they could not control the rebellion. Murders as Fernandinho Beiramar - Brazil's most famous murder, involved in the traffic - are now updated in special prisons, and even the country's president has been invited to give a solution to the case. Where such a murder could not be arrested under the decision of the ordinary. The system does not exclude the possibility of a national revolt. The attention made the application and care. "02

Darrow concluded his book by saying: "A prison is a proof of absence charity of the people who are outside the prisons and meet with victims of their greed (87).

Notes

01 Lex talionis September 14, 2002. http://www.wsu.edu:8080/ Dee ~ / Glossary / LEXTAL.HTM

02 JN - Brazilian TV - Rede Globo de Televisão - Brazil. September 15, 2002, 8 pm

Literature Cited

Del Vecchio. Direito, Estado e Filosofia, Polytechnic Livraria, Rio de Janeiro, Brasil, 1952

Gibaldi, Joseph. MLA Handbook for writers of research papers, New York:

Modern Language Association, USA, 1988.

Goldinger, Milton. Philosophy and Contemporary Issues. University of Wisconsin Oshkosh

USA, 1999.

Gideões Internacionais. Novo Testamento, Campinas, São Paulo, Brasil.

Oliveira, Juarez Novo Código Criminal, Editora Saraiva, 1985.

Mendras, Henri. Principios de Sociologia, Zahar Editores, Rio de Janeiro, Brasil, 1973.

Nagel, Thomas. What does that mean? Oxford University Press, New York, USA, 1987.

Souza, JP Souza Galvão A Historicidade do Direito, São Paulo, Brasil, 1970.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Works Consulted

Adler, Alfred. El sentido de la vida, Luis Miracle, España, 1935, 250.

William Douglas. Uma carta de Direitos viva, São Paulo, Brasil, 1898, 76.

Favero, Flaminio. Medicina Legal, Belo Horizonte, MG, Brazil, 1980, 130.

Locke, John. Ensayo Sobre el Entendimiento Humano, Fondo de Cultura Economica,

México, 1956, 713.

If Peter O Julgamento Socrates, Cia das Letras, São Paulo, Brasil, 1988, 60.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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