Keywords
Article 18 of the Constitution
Special prisons (maximum security) and special measures
Special prisons (maximum security) and special measures
How to Cite
Enriquez Rubio Hernández, H., & Hernández Cuevas, M. (2014). The Dilemma of the Confinement Provisions of the Reform to Constitutional Article 18. Ciencia Jurídica, 3(6), 83–94. https://doi.org/10.15174/cj.v3i2.105
Abstract
The following article is a dissertation about the established provisions of Article 18 of the Constitution, specifically those that mention the existence of special prisons for people identified within organized crime and those prisoners who require special security measures. The discussion is conducted from two perspectives: one moral- practice and another from Sociology of Law. In the first, the influence of moral development in legislative production is analyzed, and in the second, the systematically legal coherence of such standards, and the effects of their application. The work emphasizes in particular the paradox created by the Mexican state: having legislated restrictive measures that severely hurt certain types of prisoners, and that these standards are part of a major reform of our penal system that in the year 2011 were cloaked as respectful of human rights.The authors retain the copyright and must provide in writing the authorization for the first publication, via a computer network and printed to Juridical Science. Third parties are allowed to use the published information provided that the authorship of the work and the first publication in this journal are respected and made public.
The works published in this magazine are under a License CreativeCommons Attribution-Non-Commercial-ShareIgual 4.0 International.