Jump to ContentJump to Main Navigation
Reinventing PunishmentA Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 December 2019

The Concept of Indeterminate Sentence in the European Criminal Law Doctrine

The Concept of Indeterminate Sentence in the European Criminal Law Doctrine

Chapter:
(p.86) 5 The Concept of Indeterminate Sentence in the European Criminal Law Doctrine
Source:
Reinventing Punishment
Author(s):

Michele Pifferi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198743217.003.0005

The chapter analyses the reaction of the European legal culture to the US indeterminate sentence system, its theoretical rejection, and the building of a different method by which indefinite preventive detention was applied to dangerous offenders as a supplementary measure after punishment. It examines Garofalo’s proposal of a new criterion of punibility based on the temibility of the offender, the relationship between psychiatry and criminology, the concerns of liberal jurists for the implications of individualization, and their defence of judicial sentencing powers. The chapter also considers the theoretical impact of Durkheim’s and Tarde’s sociological retributivism on the European penal reformism, and analyses the dual idea of indefinite detention described by Prins as a reformation-oriented punishment or as a security-oriented measure. It finally examines the creation of a double penological regime, the ordinary retributive one for normal delinquents and the preventive one for abnormal offenders.

Keywords:   Garofalo, dangerousness, social defence, indefinite detention, supplementary punishment, sociological retributivism, Émile Durkheim, Gabriel Tarde, Adolphe Prins, abnormal offender

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .