Towards a Rational Legislative Evaluation in Criminal Law
This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing crimin
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a Rational Legislative Evaluation in Criminal Law
Towards a Rational Legislative Evaluation in Criminal Law
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Ada´n Nieto Martı´n • Marta Mu~noz de Morales Romero Editors
Towards a Rational Legislative Evaluation in Criminal Law
Editors Ada´n Nieto Martı´n School of Law and Social Sciences University of Castilla-La Mancha Ciudad Real, Spain
Marta Mu~noz de Morales Romero School of Law and Social Sciences University of Castillo-La Mancha Ciudad Real, Spain
Translation from the Spanish language edition: Hacia una evaluacio´n racional de las leyes penales, © Marcial Pons 2016. All Rights Reserved. Translations for this publication received financing from the Spanish Ministry of Economy and Competitiveness (Research Project DER2011-28225) and from the University of Castilla-La Mancha. ISBN 978-3-319-32894-2 ISBN 978-3-319-32895-9 DOI 10.1007/978-3-319-32895-9
(eBook)
Library of Congress Control Number: 2016946612 © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG Switzerland
Preface
The evaluation of any public policy, legislative policies included, should be an obligation for any government. To put it differently, evaluation should be considered as a rule that no lawmaking actor of the twenty-first century should overtook. Therefore, evaluation agencies, in the case of Spain the AEVAL, should be provided with the best appropriate means to carry out its functions. The misrule of educational policy and also of many other public policies would probably not exist if legislative amendments had been introduced bearing in mind evidence of what works and what does not. The same may be said in relation to criminal policy, where the governments’ whim leads to criminalise or decriminalise offences or to introduce, without any empirical evidence, fundamental chang
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