The prevention of crime against the person and the current image of justice system and security

Abstract

The Italian constitutional and legislative system has brought about a careful balance between personal liberty and public security; however, the “police- style”-oriented communication suggest that the effectiveness of this system is possible only through an action that eliminates and neutralizes any kind of deviance. Police staff members appear to be the only positive factors of social cohesion and control, and they became increasingly advertised. The result of this tendency is the common misconception of the ineffectiveness of the application of sanctions through criminal trial: the criminal sanction is applied in the latter – in virtue of the judicial tradition, constitutional basics and consistency to the European civilization – through the forms, rules and guarantees of jurisdiction. Stating that judicial power cannot effectively punish criminal acts against person produces negative consequences on the general preventive effect of those acts: if one of the deterrents to crime is the evaluation of crime consequences, the misconception of the ineffectiveness of sanctions imposed through criminal trial increases crime probability.