The Positive School of Criminology

The Positive School of Criminology
Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901

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The Positive School of Criminology by Enrico Ferri

Published:

1901

Pages:

67

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1,498

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The Positive School of Criminology
Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901

By

0
(0 Reviews)

Book Excerpt

stice and morality, simply because he had combatted the tortures and the death penalty.

The tortures, which we incorrectly ascribe to the mental brutality of the judges of those times, were but a logical consequence of the contemporaneous theories. It was felt that in order to condemn a man, one must have the certainty of his guilty, and it was said that the best means of obtaining tins certainty, the queen of proofs, was the confession of the criminal. And if the criminal denied his guilt, it was necessary to have recourse to torture, in order to force him to a confession which he withheld from fear of the penalty. The torture soothed, so to say, the conscience of the judge, who was free to condemn as soon as he had obtained a confession. Cesare Beccaria rose with others against the torture. Thereupon the judges and jurists protested that penal justice would be impossible, because it could not get any information, since a man suspected of a crime would not confess his guilt voluntarily. Hence they acc