La cultura jurídica - una visión carcelaria y penitenciaria comparada de Estados Unidos y Colombia

Abstract

The process of colonization in the territory of America in the fifteenth century was marked by aspects such as violence and slavery exercised by the conquistadors, from which it emerged that processes in search of independence would have cultural and ethnographic aspects of great difference Resulted in legal systems that by tradition and legal development differ from each other in different countries in the American continent. A legal system that starts with the creation of the Political Constitution as a norm of norms and that corresponds to the articulation of all its components as the penitentiary and prison system and that in countries like the United States of America and Colombia they differ by something more than alone Its geographical location. In the United States of America, it is evident that maximum respect for individual liberty and private property were fully articulated with the Common Law, leading to each case being analyzed by its precedents and in the case of Colombia the search for a dignified life and The freedom would result in the factual analysis according to the normativity and existing typification, what at the moment has allowed to see that the application of these systems and criteria has led to that one of the systems is collapsed by the embracing of all the procedural stages And the other knows the minimum of processes. In penitentiary terms as of June 2017, overcrowding in the Colombian prison system accounted for 46%, while in the State of Florida this figure was 20%, which shows that an efficient legal system, linked to the criteria Constitutional process is materialized in a prison system that is also efficient, resulting in greater respect and guarantee of the rights of prisoners