Argentina's Got 'Em by the Balls

Before beginning this commentary, it is important to note that the “chemical castration” is a drug given to reduce sexual desire; this is not the equivalent of a castration in the literal sense. However, this still brings up a controversial issue when addressing what the purpose of a criminal justice system is – solely doling out punishments for crimes committed, or is there an additional component of rehabilitation? Furthermore, is there and should there be an element of choice (proposition, as opposed to imposition/coercion) for convicted rapists regarding a treatment which is ineffective once the regimen is stopped? The reporter in the video states that those who do not volunteer to undergo this type of treatment will not have the same access to appealing for sentence reductions; there are currently 11 convicted offenders who have opted for this treatment in return for reduced sentences.

In the video clip, Mendoza Governor Celso Jaque states that the chemical and psychological treatment enables those convicted to be able to be reintroduced to society. However, with the risks that Enrique da Rosa highlights, the treatment’s effectiveness is relative and fails to be comprehensive enough to address significant factors contributing to why a rapist commits a rape or sexual assault.

While this report addresses a province in Argentina, “the practice in Mendoza follows measures adopted in several European countries and eight U.S. states: California, Florida, Georgia, Montana, Oregon, Wisconsin, Louisiana and Iowa.” In any of these cases, if there is a lack of access to the same legal channels for those who opt out of the treatment as those who select the treatment have, then this sentencing option is more of a coercive measure and should not be described as an elective procedure. Additionally, the information presented by CNN in this segment totally overlooks the problematic situation of the effects on an innocent person who was convicted and then chooses this procedure in order to reduce his or her sentence. How reversible is the process?

All in all, the imposition of this treatment upon prisoners seems to go beyond both concepts of what the purpose of the criminal justice system is. If prisons are seen solely as places of punishment for crimes committed, then time spent in prison would be sufficient. If the criminal justice system is seen as integrating punishment and rehabilitation, then a treatment that is highly relative with an unknown degree of its effects on an individual’s health is not the best course of action. While a holistic approach to addressing root causes of crimes is appreciated, these courses of action must be sensitive to all individuals’ rights as well as be much more certain than this procedure.