The criminal justice system is an instrument of state and a key index of the state of democracy. Every punishment which does not arise from absolute necessity is tyrannical, said French jurist Montesquieu. In fact criminal law should be used only as a ‘last resort’ (ultima ratio) and only for the ‘most reprehensible wrongs’. Unfortunately, ‘crimes’ originate in government policy and, therefore, criminal law reflects the idea of ‘power’ rather than ‘justice’. (Read More)
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