From critical criminology to criticism of criminal law: Notes and reflections on the considerations of Alessandro Baratta

Abstract

The contributions of Alessandro Baratta on critical criminology, and consequently on criticism of the criminal law are characterized by a marxist influence that outlines the clear focus of critical criminology in the construction of a materialist theory of the deviation from the socio-economic structures. In this sense, it explains, in a general way, how criminal law, penal system and the structure are created to favor the ruling class. The critical criminology demonstrates that the punishment is directed to the behavior of the subordinate classes and therefore these are those that populate the majority of the prisons. Alessandro Baratta, then, considers that the offense is a social construction covered by law and that it obeys to the ruling class.