The course aims to provide students critical tools in order to understand the various aspects of the history of penal justice from Italian unification to the late XX century in each political, cultural, economic and social context from 'Liberal' Kingdom, to Fascism, to the Italian Republic. The learning objective of the course, therefore, is to illustrate the legislative, doctrinal and jurisprudential choices in order to balance out different values and interests, especially through the technical examination of legal argumentation and reasoning, as well as the analysis of case studies.
Expected learning outcomes
At the end of the course, students will have to demonstrate - to know and understand the grounds of legislative, doctrinal and jurisprudential choices and the relationship between powers about criminal justice and trial from 'Liberal' Kingdom, to Fascism, to the Republic (Knowledge and understanding) - the ability to understand the various techniques of legal reasoning, as well as the ability to collect, analyze and select data based on context, balancing out different values and interests (Applying knowledge and understanding) - critical awareness, management skills, flexibility, and a capacity for research into different aspects of the history of the XIX and XX centuries penal justice (Making Judgements). - to write and to speak about the concepts learned during the course, utilizing coherent argumentation, methodical precision and correct language (Communication skills). - to understand the various aspects of criminal justice and the development of lawmakers, legal science and judiciary within the relationship between State and society (Learning skills)
In the history of the XIX and XX centuries penal justice, the course aims to focus the relationship between executive and judicial powers from 'Liberal' Kingdom, to Fascism, to the first decades of the Constitutional Republic and the slow process of implementing the democratic principles of division of powers and independence of the judiciary. Judiciary's structure and penal procedure constitute only two of the various aspects of the Justice in each political, cultural, economic and social context. The context analysis is essential for understanding the difference between theory and practice, the general principles and the legislation, and for distinguishing and qualifying the part played by lawmakers, legal science, judiciary and lawyers in balancing diverse interests. Among these interests, preserving the social order, securing the society and the State against the crime, granting rights of defence, ascertaining the truth and building public's trust in justice are at times conflicting with each other. The course aims to provide the critical tools to analyse the aspects of the penal justice in specific historical and institutional contexts (Kingdom, Dictatorship, Democratic Republic) and to reflect on the areas of tension in implementing constitutional principles of the two Italian Constitutions of 1848 and 1948. Special attention will be given to the legal science and to the judgements of the Court of Cassation and of the Constitutional Court. Topics for both courses of 6 and 9 credits: - Inquisitorial proceedings in pre-trial and trial vs. adversarial process and accusatory procedure - Trial jury - Criminal justice between the 19th and the 20th centuries - Fascist 1930 code of penal procedure - penal procedure and judicial system during transitional justice and the Italian Republic - Implementation of the 1948 democratic Constitution, with particular regards to the independence of the judiciary and the right to defence - Role of judiciary and advocacy and of the legal doctrine in the enforcement of the code
Prerequisites for admission
As requested by the didactic regulation: in particular, Institutions of Private Law and Constitutional Law are prepararory.
Attendance to classes is strongly recommended although not compulsory. The teaching is delivered through frontal lectures aimed primarily at the acquisition of knowledge and competence of the subject. Discussion with the teacher in the classroom on case studies is integrant part of the didactic method and aims at promoting a critical attitude and the capacity to argumentation. The teaching is also based on didactic material and sources provided on Ariel.
For attending students teaching materials and texts will be available on the Ariel web portal. For not-attending students of the course of 6 credits: One of the following volumes: - Floriana Colao, Giustizia e politica. Il processo penale nell'Italia repubblicana, Milano, Giuffrè, 2013 - Giustizia penale e politica in Italia tra Otto e Novecento. Modelli ed esperienze tra integrazione e conflitto, a cura di F. Colao, L. Lacchè, C. Storti, Milano, Giuffrè, 2015 (solo pp. 1-248 e 385-516) - Il diritto del duce. Giustizia e repressione nell'Italia fascista, a cura di L. Lacchè, Roma, Donzelli, 2015
Assessment methods and Criteria
- Method: oral exam - Type of examination: oral interrogation - Evaluation criteria: capacity to demonstrate and elaborate knowledge; quality of exposition, efficacy, clarity; the use of specialised lexicon; capacity for critical reflection - Type of evaluation method: mark in 30s