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The excerpt represents the core issue or deciding factor on which you must meditate, and is drawn from Criminal Sociology by Enrico Ferri: psychological examination of the accused, the crime being
relegated to the second line, as far as punishment is concerned,
the criminal being kept in the front, then it is clear that the
penal code should be limited to a few general rules on the modes
of defence and social sanction, and on the constituent
elements of every crime and offence, whilst the judge
should have greater liberty, controlled by the scientific and
positive data of the trial, so that he may judge the man before
him with a knowledge of humanity.
The unfettered authority of the judge is inadmissible in regard to
the forms of procedure, which for the prosecuted citizen are an
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