Modelo de evaluación de política criminológica basado en los derechos humanos y su aplicación al caso mexicano

Abstract

Public policy evaluation is a recent phenomenon; this procedure is as important as the formulation and implementation of policies. Since the seventies, criminal policy has based its actions on populist and politicized ideologies apart from evaluation; more than four decades of lack of systematized evaluation processes, which should constitute its daily praxis. Because of this, the need of designing a criminal policy evaluation model arises, in order to be able to analyse government actions related to prevention and crime and criminals treatment. Human rights are essential when considering criminal justice policies, since nations tend to decrease their observance when imprisonment is performed. Objective: The main purpose of the research is to design a criminal policy evaluation model based on human rights observance that works as a standardized mechanism to internationally compare different penal intervention systems. A pragmatic evaluation is proposed as the best way to value and analyse the oversight of human rights of the state criminal practices. Feinstein sets out that such evaluation includes freedom to choose the best methods: “The pragmatic public policies evaluation is not restricted to the use of just one method or approach: it rejects methodological fundamentalism, searching for the adequate method for the circumstances, with the proper rigor. It is also pragmatic since emphasizes the use of evaluation without taking it for granted and adopting an active paper to promote the dissemination and application of public policy evaluations”...