Imprisonment and Criminal Discourse
نویسنده
چکیده
In this work, I would like to question the canonical view of prison, which underlies the daily practice of law, and criminal law courses at law schools. Our criminal discourse excessively limits, or even forbids, the possibility of discussing imprisonment. In this way, imprisonment, a rudimentary and brutal tool, is criminal law ́s ordinary means of punishment, and there is no evidence that legal operators will critically question it in these days. Criminal law tolerates overcrowding, death, violence and corruption as if they were natural. Any person—specially lawyers, criminal judges, legislators or criminal law professors—knows that prison is selective and violent, and that the value of constitutional guarantees inside prisons is less than their value outside. We all know that the possibility of judicial control over prisons is minimal and that prisons have their own rules, as in a sinister experiment of legal pluralism. I do not mean to question prisons here, but the insipid way in which legal operators refer to it. The way in which we shape the discourse of legal operators and the academic speech through which we train those operators is disappointing. Only very few paragraphs of criminal law handbooks, a very small part of legal education, and almost no part of the
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تاریخ انتشار 2010