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Reinventing PunishmentA Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries$
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Michele Pifferi

Print publication date: 2016

Print ISBN-13: 9780198743217

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198743217.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 January 2021

Nulla Poena Sine Lege and Sentencing Discretion

Nulla Poena Sine Lege and Sentencing Discretion

(p.178) 8 Nulla Poena Sine Lege and Sentencing Discretion
Reinventing Punishment

Michele Pifferi

Oxford University Press

The chapter describes how criminological proposals and penal reformism affected the constitutional balance of the European Rechtsstaat: European legal culture rejected administrative discretion in sentencing and argued for the need of judicial sentencing decision, even though individualization and preventive justice changed some procedural rules. It examines how continental reformers (such as Bruno Franchi, Eugenio Florian, André Henry, Ugo Conti), rather than following the US separation of verdict and sentencing, suggested individualizing the entire criminal trial from its very beginning, to allow the judge to collect any possible evidence on the character of the accused. The chapter also analyses the different positions at the London International Prison Congress 1925: the European delegates were in favour of judicial individualization; the US delegates advocated administrative individualization.

Keywords:   Rechtsstaat, individualized criminal trial, judicial individualization, administrative individualization, Bruno Franchi, Eugenio Florian, Ugo Conti, André, Henry, administrative discretion, constitutional penal safeguards

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