Abstract

ESPINDOLA MATA, Juan. Guilt and Criminal Punishment in Drug Trafficking Violence. A Normative Perspective. Trace (Méx. DF) [online]. 2017, n.72, pp.117-144. ISSN 2007-2392.  https://doi.org/10.22134/trace.72.2017.57.

The circle of perpetrators of violence linked to drug trafficking in Mexico is relatively extensive. Beyond a small group of soulless mercenaries, among the perpetrators of current violence, there is a group of low-ranking perpetrators, “ordinary” people who under the influence of their unprecedented living circumstances commit acts that they would not carry out in a normal situation.This means that in the present scenario certain moral restrictions that previously discouraged thousands of Mexicans from offering their services to perpetrate acts of violence ceased to operate.This paper explores the elements that have contributed to transform the ethical horizon of some perpetrators and, to that end, examines the processes that lead individuals to take part in activities linked to drug trafficking. From the analysis of these processes, it is questioned if there are elements to mitigate these criminals’ moral responsibility, and if a punitive scheme that attributes criminal responsibility is the most appropriate to hold them accountable.

Keywords : drug trafficking; violence; moral and criminal responsibility; belief system.

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