The McDonaldization of the Criminal Process (The Indemnification of Prejudices in the Criminal Process as Substitute of the Punitive Pretension)
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Abstract
This article presents an analysis of the fundamentals of the criminal process models from a legal and sociological perspective to demonstrate that the criminal process in Colombia and Spain is determined by a conception that prioritizes the indemnification claim over the punitive claim in the criminal prosecution. This is a paradoxical consequence of the eagerness to present an image that fits the criminal efficiency discourse displayed to citizens.
Keywords:
Criminal process, Compensation, Serving a sentence, Civil penalties, Principle of opportunity