Crisis and Criminal Justice: Unterschied zwischen den Versionen

← Zum vorherigen Versionsunterschied

Crisis and Criminal Justice (Quelltext anzeigen)

Version vom 16. Mai 2018, 09:19 Uhr

7.562 Bytes hinzugefügt , 09:19, 16. Mai 2018

→‎Basic Reading

Tiao

Bürokraten, Administratoren

31.738

Bearbeitungen

@@ Zeile 14: / Zeile 14: @@
 == Vicious Circle ==
 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%).
+: 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).
+== Prisons and the Polarisation of Drug Policies ==
+And, every year, this report is, unfortunately, hardly a surprise – we read about
+the degrading conditions in which people are imprisoned, and about
+their growing number. Yet the level
+of crime in most societies is constantly decreasing. The question that remains unanswered, therefore, is why our societies focus their response to unlawful behaviours so often on prison? Where is the proportionality
+in sentencing when we punish non- violent offences with lengthy prison sentences? Is this the only response we can offer?
+The chapter on drugs and imprisonment in this report highlights that a high number of prisons in the world are overcrowded due to the incarceration of people for drug-related offences, in particular non-violent offences involving use and possession for personal use. This directly
+re ects our contemporary addiction
+to punishment and showcases the disproportionality of punishment in relation to the offence. The use of harsh prison sentences for people
+who use drugs or for those who play
+a minor role in the drug trade also shows the inef ciency, limitations and perverse effects of current drug control policies. Not only are punishment
+and incarceration becoming the sole instruments used to enforce the law, but also they are serving to implement moral norms which have no link with the reality of the offence that they are supposed to punish.
+This trend of over-incarceration and punishment of people who use drugs is seen on every continent. The deep impact it has on prison systems
+and on people in prison and their communities has sparked the current global debate on drug policy reform. In recent years, more and more countries have been introducing amendments
+to their drug laws; for example, by decriminalising the use of drugs
+in Norway and Colombia, and by replacing prison terms with monetary  nes in Ghana and Tunisia or with community service, as envisaged
+in Senegal. Other countries have
+gone even further. Ecuador gave an amnesty to drug couriers and released thousands of prisoners. Countries
+that have traditionally adopted harsh stances on drugs, such as Malaysia and Iran, are reviewing their death penalty policies for drug offences,
+and removing people from death row.
+These changes and reforms are
+being discussed and implemented
+in a global environment that remains highly stigmatising, where drugs are still considered ‘evil’ and prohibition approaches prevail. They are therefore born out of a real need – the need for societies to stop exposing their citizens to greater risks from arrests related to drug use than come from the act of using drugs.
+The need for reforms was also highlighted at the UN General Assembly Special Session on Drugs held in 2016. In their decisions there, member states called for more proportionate sentencing and for alternatives to incarceration. At the Global Commission on Drug Policy,
+we call for these commitments to be implemented, taking account of the fact that over-incarceration as
+a result of out-of-date drug policies stalls progress on implementing the Sustainable Development Goals, notably for Goal 3 on health, Goal 5 on gender equality, Goal 10 on reducing inequality, and Goal 16 on peaceful societies.
+Drug policies need reforms, and there are two urgent ones to enact. First, we need to accept that behaviours and actions of others that are not aligned with our own moral perspectives do not need to be turned into criminal offences. Second, we need to introduce proportionate sentencing and alternatives to imprisonment for minor drug supply-related offences. This will ease pressure on prison systems so that they can ful l their purpose as set down in the UN Nelson Mandela Rules: to play a rehabilitative role and focus on social reintegration, and to distance from the criminal justice system those who should not be subject to it, including people who use drugs.
+Rt Hon Helen Clark
+Member of the Global Commission on Drug Policy; Former Prime Minister of New Zealand, 1999–2008; Former Administrator of the United Nations Development Programme (UNDP), 2009–2017.'''Zone of War.'''
+From: Foreword to Global Prison Trends 2018 pdf.
+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 ==
+. 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.
+. 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
+. Holland, Portugal, California, Uruguay: which way to go?
+. 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?'''
@@ Zeile 169: / Zeile 259: @@
 *[http://www.mtctrains.com/wp-content/uploads/2017/11/Mass_Incarceration_Solutions.pdf MTC (2017) America’s Mass Incarceration Problem: Can Prison Contractors Actually Be Part of the Solution?]
+*[https://www.penalreform.org/wp-content/uploads/2018/04/PRI_Global-Prison-Trends-2018_EN_WEB.pdf Prison Reform International (2018) Global Prison Trends 2018]
 *[http://harvardpolitics.com/world/cleaning-up-the-brazilian-judiciary-roots-out-corruption/ Ruales, Vanessa (2018) Cleaning Up: The Brazilian Judiciary Roots Out Corruption. Harvard Political Review]