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Crisis and Criminal Justice: Unterschied zwischen den Versionen
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Version vom 27. April 2018, 22:22 Uhr
, 22:22, 27. Apr. 2018→Vicious Circle
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== Vicious Circle == | == Vicious Circle == | ||
The economic laws of organized crime and stronger than the penal law of prohibition. | The economic laws of organized crime and stronger than the penal law of prohibition. | ||
Imprisonment does little to reduce crime. Five years after release, many are back. But it does a lot to increase crime: (1) whoever had a function in the drug market outside will be replaced by new recruits from the mass of unemployed youths out there, so every new inmate creates a new delinquent on the outside. The more go to prison, the more people will be dragged into crime on the outside. (2) The inside can be used as a headquarter for organized crime giving orders to the outside. | |||
It also turns the clock of prison evolution backwards in two or even three ways: (1) attempts to prevent inside criminal organisation lead to a renaissance of solitary confinement (this time without religion), (2) overcrowding leads to a return to congregate indiscriminate warehousing - the type of incarceration that had motivated John Howard to his 1777 classic "The State of the Prisons". (3) The evident ineffectiveness of incarcerating drug delinquents (who make up a large share of inmates) leads to "acting out" by the state. | |||
Acting Out: increasing police powers, caveiroes, militarisation. War-making by the state and para-state. Extrajudicial killings like in a war against combatants. Spies, provocations, surveillance, torture. | |||
'''Latin America''' | |||
Instituto Igarapé Thursday, 26 April 2018: 2.5 million murders 2000-2017. - 33% of worldwide homicides - 8% world population. - 25% of all homicides in only these four countries: Brazil, Colombia, Mexico, Venezuela. | |||
Almost 50% of all victims: 15-29. | |||
Guns: 75% (world: 40%). | |||
2017: Bloodiest year yet in Mexico. Elections first of July, 2018. Jaime Rodríguez: chop hands off thieves | |||
Social policy Brazil: PEC 55 20 years freeze on social and educational spending. (Dec. 2016). | |||
== Polarisation of Drug Policies == | |||
'''Zone of War.''' | |||
Increasing number of states introduce death penalty in response to inefficient drug policy. From 10 to 33 between the 1970s and today. | |||
In some countries, like the Philippines: Zone of Internal Total War. Death penalty for nonviolent drug offenses. Trump. 4 levels of barbarisation: (1) tough talk (chop hands off, kill them), (2) tough laws (capital punishment for non-violent drug offenses), (3) hypocritical extrajudicial killings, (4) open policy of extrajudicial killings. | |||
The less effective, the more investment in the war on drugs. And the bigger the problem gets. From drugs to deaths and destroyed families, and from there to corruption and militias and a war against the underclass. | |||
== Virtuous Circle == | |||
1. Legally controlled policing: training, command structure, accountability, prosecution, courts. Internal and external control of legality. Stop extralegal killings. Stop militias. Stop corruption. Demilitarise police work. Nodal policing à la Clifford Shearing. Alex Vitale (2017) The End of Policing. | |||
2. Reducing the role of prisons | |||
Abolish minimum sentences | |||
Decriminalise marihuana and drug use in general (Portugal) | |||
Alternative sentences for nonviolent crime | |||
Regulation instead of criminalisation for drugs | |||
3. Holland, Portugal, California, Uruguay: which way to go? | |||
4. Legal obstacles: | |||
#Modification | |||
#Amendment | |||
#Denunciation | |||
#Reservation | |||
#Modification inter se | |||
#Emergency exit | |||
'''Zone of Pragmatism''' | |||
'''How does the political and economic crisis - both on a national and international level - affect the criminal justice system (legislation, police, prosecution, judiciary, prisons)? How does it, more specifically, affect individual rights, the balance of powers, and the democratic order?''' | '''How does the political and economic crisis - both on a national and international level - affect the criminal justice system (legislation, police, prosecution, judiciary, prisons)? How does it, more specifically, affect individual rights, the balance of powers, and the democratic order?''' | ||