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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 (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 Formation of the European Dual-Track System

The Formation of the European Dual-Track System

Chapter:
(p.117) 6 The Formation of the European Dual-Track System
Source:
Reinventing Punishment
Author(s):

Michele Pifferi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198743217.003.0006

The chapter analyses the formation of the dual-track system designed by European criminologists and penal reformers as a method to combine retributivism and prevention by providing the possibility for the judge to add an indeterminate measure of social security to the ordinary penalty. It examines the International Prison Congresses in Brussels 1900 and Washington 1910, where European and US reformers debated the desirability and limits of indefinite punishment, and where the divide between two penological approaches was clearly recognized. The chapter also describes the theorization of the dual-track system elaborated by Carl Stooss at the turn of the twentieth century, and its first legislative implementation in the Norwegian Penal Code 1902, the Prevention of Crime Act of 1908 in the United Kingdom, and some other continental draft codes.

Keywords:   dual-track system, measures of security, Carl Stooss, Evelyn Ruggles-Brise, Prevention of Crime Act 1908, Norwegian Penal Code 1902, indeterminate sentencing, Brussels Prison Congress 1900, Washington Prison Congress 1910, penological divide

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