We invite you to read the letter to the editor written by our senior associate in the Criminal Litigation Group, David Segall, who reflects on the reactive effect of criminal legislation in response to crime and the importance of moving toward a preventive approach.
DEAR EDITOR:
A few days ago, a 12-year-old boy died during a carjacking carried out by a criminal gang in San Bernardo. Since news of the crime broke, voices have emerged supporting legal amendments that would ensure individuals involved in serious crimes serve their prison sentences—an initiative dubbed the “Alejandro Law”—as well as positions advocating for changes to the Juvenile Criminal Responsibility Law.
It is concerning that it has become customary in our society to legislate in response to events after the fact, to the point where laws are named after the person who was unfortunately involved in the specific incident that gave rise to them.
When legislation is enacted in this manner, the preventive focus of public policy is blurred, prioritizing the reactive effect of criminal law, and it also creates the false illusion that harsher penalties will lead to a reduction in crime.
After so many laws with fancy names, it should be clear to us that the way to combat crime does not lie in harsher penalties, but rather in improving the management of the Public Prosecutor’s Office and, above all, the police forces.
Letter written by:
David Segall | Senior Associate Criminal Litigation Group | dsegall@az.cl
