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date: 18 September 2019

Abstract and Keywords

This chapter examines the state’s penal power in the context of criminal law. After discussing criminal law’s place within public law and private law, it considers penal law in relation to state action. It highlights the distinction between law and police and treats both as the modern manifestations of autonomy and heteronomy. It then considers the application of this distinction in the realm of state penal action, with particular reference to some of its manifestations in penal law and penal police. The distinction between penal law and penal police is placed within the broader context of drawing paradigmatic differences within the penal sphere. In this regard, the chapter focuses on Herbert Packer’s account of the “criminal process” based on the distinction between the due process model and the crime control model as well as Günther Jakobs’s distinction between citizen and enemy criminal law.

Keywords: criminal law, police power, penal police, penal law, autonomy, heteronomy, criminal process, dual penal state, due process, crime control

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