Diritto irrazionale interstiziale e la "scienza del Cadì" nella giurisdizione penale: da Weber a Damaska.

The paper examines the actual presence of Weberian Kadi-Justiz in Italian criminal justice system, arguing that it is represented by correctional Tribunal legislation and jurisprudence regarding among others probation orders modifying prison sentence. This feature seems to be connected to and influence stagnation of recidivism risk assessment actuarial instruments evolution in Italian criminological science still nowadays stuck on traditional clinical judgment that has been called metaphorically Kadi-science. On the other hand, according to authors, comparing the situation with the common law area especially the USA it is possible to highlight a contrary rationalization and formalization process affecting sentencing guidelines, parole and bail decisions, probation orders and so on, due to incremental use of actuarial and evidence-based recidivism risk assessment tools up to introduction even statutory and compulsory provisions. The two totally reversed situations can be explained according to Damaska proposed activist and reactive State models. [ABSTRACT FROM AUTHOR]