Modeling the Criminal Policy to Liberal, Conservative and Radical

Context and

Criminal policy undoubtedly carries the ideology which dominates political power. In some way or another, like political models, the criminal policy could be divided into liberal, conservative and radical models. The question that is answered is: what kinds of criminal policies will be formed by liberal, conservative, and radical ideological biases.

This research is descriptive-analytic and library based and also based on votes of the International Penal Court in situation of Kenya.

This paper tries to answer the above-mentioned question by establishing dimensions and features of criminal policy of liberal, conservative, and radical biases in three parts. Liberal criminal policy considers crime as a social and individual matter. This model tries to prevent crime by relying on strategies based on social development and supporting vulnerable social groups. The model tries to provide public security by minimum interference and ensuring maximum level of freedom for citizens, because the higher the scale of interference of criminal policy, the more limited the scale of private freedom. The conservative criminal policy considers the crime as an individual phenomenon, and for prevention, this model relies on strategies based on policy of law and order that are generally monitoring-controlling. The model, by great interference in social matters tries to direct their citizens by threatening them with punishment and penalty. This model believes citizens do not have proper sense of discernment. Therefore, conservative criminal policy, with a paternalistic view, tries to guarantee the demands of citizens by resorting to criminal rights.

the conservative criminal policy has fewer tendencies to use crime as a political disputation in which people and influential groups manage to control weak groups by enacting penal law. In this view, crime is void of any content meaning and only bears the label that the influential people have created.