Penal populism

Abstract

This essay will discuss the relevance of the concept of penal populism to describe the changes in Western criminal legislation at the turn of the century from both a historical and theoretical point of view. The essay will then examine the evolution of Chilean criminal legislation in this regard as a historical example of its application in Latin America. From a theoretical perspective, the background of penal populism as a critical idea from liberal penal elitism and its differences with penal republicanism will also be briefly detailed. The concluding section will argue that effectively applying constitutional boundaries is a more viable approach to dealing with penal law rather than seeking answers in the criminal ideas of past centuries.