Public Adherence to the Principles of Criminal Law in Chile: Shaping Factors and Consequences for Trust in the Criminal Justice System

The liberal principles of criminal law aimed at constraining the State punitive power and reflect the essence of the Criminal Justice System in western democracies. Though current trends– such as new penology, penal populism- suggest that people might not endorse these principles, there is little research on this topic. Through a survey design, this study explores the sources shaping public adherence to the principles of criminal law and the impact of this adherence on trust in justice in the Chilean context. Findings show that criminological (e.g. fear of crime), ideological (e.g. political orientation) and demographic (e.g. education) factors play an important role in shaping the public adherence to the criminal principles, which in turn influences trust in justice. Thus, from the punitivism approach, this study helps to understand better public support toward the general rules under which legal punishment applies in western justice systems. Because criminal policies feed on public opinion, a low public support to the principles of criminal law may lead to a restriction of procedural and criminal rights threatening the rule of law and human rights.