On the measurement of illicit penalties

Abstract

The text addresses the existing divergences between the punishment as it should be and as it actually is. I will analyze the
impact on the quality of punishment of the mismatch between the normative programming of the due treatment to those actually applied to detainees. I will review some of the most relevant precedents on the jurisdictional consideration of the treatment suffered outside the law, with special reference to the role of the public defense in determining the normative consequence of the breach of duty.