Höjda straff och hårdare tag mot brott: en studie av den nyklassiska skolans inflytande på straffsystemet och kriminalpolitiken i Sverige

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: This essay aims to describe the neoclassical school, as well as the develop-ment of the criminal system and criminal policy in Sweden as from 1965 until 2019, and to also analyse if the neoclassical school has had any influ-ence on the development. The study is based on the following main issue: is the punitive development of the criminal system and criminal policy of the recent decades a result of the neoclassical school's influence. In 1965, the new penal code entered into force, in which the so-called treat-ment ideology was clearly expressed. However, in the late 1960s and early 1970s, the treatment ideology was subjected to criticism. From the criticism, the neoclassical school arose. The school opposed that the criminal’s per-sonal circumstances were the basis for the choice of sanction. Instead of crime prevention, the neoclassical school emphasised the principle of equiv-alence, legality and proportionality as decisive for the formation of the crim-inal system and the choice of sanction. These ideas were later presented in a report from Brottsförebygganderådet in 1977. The report came to be the starting point for the change of the essential criminal theory for the criminal system that ended with a reform in 1989. Thereby, care or treatment was abolished as the central principle in terms of the choice of sanctions in fa-vour of the principle of proportionality and penal value. This meant that the punishment would be determined in proportion to the severity of the crime, instead of the criminal's needs of care or treatment. This criminal-theoretical basis is still valid for today's criminal system, and thus generally accepted and uncontroversial. Since the 1980s, the development of the criminal policy has become in-creasingly politicized, aggressive, expressive, symbolic, and punitive, espe-cially towards violent crime. During the 2000s and 2010s, a number of re-forms have been implemented to increase the severity of penalties towards murder and assault. The increased penalty levels were motivated by the fact that the penalties were not proportionate to its penal value or consistent with the general legal conception. Based on the study's result, the following conclusions are mainly presented in the essay: (1) the neoclassical school has generally had great significance for the development of the criminal system and the criminal policy, and (2) that the punitive development of recent decades, however, is not a result of the neoclassical school’s direct influence, but rather its indirect influence. Instead, the direct cause of the punitive development within the criminal system and criminal policy appears to be the increased politicization of the criminal law and the criminal policy.

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