The new Popper's epistemology of the criminal trial. Strong scientific evidence and reduction of clues to procedural conjectures. Legal medicine (in memory of Ferdinando Imposimato)

La nuova epistemologia popperiana del processo penale. Prove forti scientifiche e reductio degli indizi a congetture processuali. Diritto medicinale (in ricordo di Ferdinando Imposimato)

Pubblicato: 5 novembre 2018
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Report presented to the International Congress "Present and future of criminology in the criminal system", Rome, April 2018, with a dedication to Professor Ferdinando Imposimato, judge, senator, lawyer and university Professor.

The first Renaissance was represented by the Enlightenment movement, which, virtually crushing the inhuman justice of the inquisitors, sowed the seeds for a revolution of themes still waiting to be realized with our second Renaissance. Emblematic is the fact that even today, a process based on circumstantial evidence takes place with the risk to condemn an innocent, subverting Voltaire's quote: "It is better to risk saving a guilty person than to condemn an innocent one". And, as for the prison, the current hindering lagers - euphemistically defined hotels (8 people in a cell)- betray the code of Beccaria: "The purpose of the punishment is not to torment and afflict a sentient being. The aim is nothing more than to prevent the offender from doing further harm to his compatriots and to keep other people from doing the same. And then: "The safest but most difficult means of preventing crimes is to improve education".

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Francione, G. (2018). The new Popper’s epistemology of the criminal trial. Strong scientific evidence and reduction of clues to procedural conjectures. Legal medicine (in memory of Ferdinando Imposimato): La nuova epistemologia popperiana del processo penale. Prove forti scientifiche e reductio degli indizi a congetture processuali. Diritto medicinale (in ricordo di Ferdinando Imposimato). Rivista Di Psicopatologia Forense, Medicina Legale, Criminologia, 23(2), 67–72. https://doi.org/10.4081/psyco.2018.35