Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries
Through the Italian example – but also with references to the experience of the formation of the so-called "mixed system" in France and the experience of Great Britain, seen as a model for continental reformers – the present article aims to demonstrate that "modern criminal justice&qu...
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Instituto Brasileiro de Direito Processual Penal
2021-08-01
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| Series: | Revista Brasileira de Direito Processual Penal |
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| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/594 |
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| author | Luigi Lacchè |
| author_facet | Luigi Lacchè |
| author_sort | Luigi Lacchè |
| collection | DOAJ |
| description | Through the Italian example – but also with references to the experience of the formation of the so-called "mixed system" in France and the experience of Great Britain, seen as a model for continental reformers – the present article aims to demonstrate that "modern criminal justice" is characterized from its origin by the – problematic – link between criminal justice and public opinion. At first, despite some perplexities, publicity is seen as an indelible feature of criminal justice in a liberal regime. In a second moment, publicity is attacked – by scuola positiva jurists, for example – as something incompatible with the scientificity of the judicial process, until publicity itself would lose its original meaning with the advent of fascism. |
| format | Article |
| id | doaj-art-30e9db13f7d841c58d58d3fb721505bd |
| institution | OA Journals |
| issn | 2525-510X |
| language | English |
| publishDate | 2021-08-01 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| record_format | Article |
| series | Revista Brasileira de Direito Processual Penal |
| spelling | doaj-art-30e9db13f7d841c58d58d3fb721505bd2025-08-20T02:37:29ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2021-08-017210.22197/rbdpp.v7i2.594236Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth CenturiesLuigi Lacchè0Università degli Studi di Macerata – MacerataThrough the Italian example – but also with references to the experience of the formation of the so-called "mixed system" in France and the experience of Great Britain, seen as a model for continental reformers – the present article aims to demonstrate that "modern criminal justice" is characterized from its origin by the – problematic – link between criminal justice and public opinion. At first, despite some perplexities, publicity is seen as an indelible feature of criminal justice in a liberal regime. In a second moment, publicity is attacked – by scuola positiva jurists, for example – as something incompatible with the scientificity of the judicial process, until publicity itself would lose its original meaning with the advent of fascism.http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/594história do processo penalsistema mistopublicidadeliberalismoescola positivafascismo. |
| spellingShingle | Luigi Lacchè Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries Revista Brasileira de Direito Processual Penal história do processo penal sistema misto publicidade liberalismo escola positiva fascismo. |
| title | Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries |
| title_full | Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries |
| title_fullStr | Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries |
| title_full_unstemmed | Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries |
| title_short | Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries |
| title_sort | criminal justice and public opinion in italy between the nineteenth and twentieth centuries |
| topic | história do processo penal sistema misto publicidade liberalismo escola positiva fascismo. |
| url | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/594 |
| work_keys_str_mv | AT luigilacche criminaljusticeandpublicopinioninitalybetweenthenineteenthandtwentiethcenturies |