Crime in a prison cell: Epistemic cultures and institutional neutrality in an inquisitorial setting

Abstract

A death that occurs inside a prison cell initiates a distinct set of procedures from those around a death on the outside. When a confined space within a penal institution of total surveillance and control becomes a crime scene, it may reflect the prevailing institutional cultures and the ways in which they react and adapt. This paper analyses the case of Marcos, who was found dead in a Portuguese prison cell which he shared with another individual. From the discovery of the body to the crime scene inspection by the police, and from the autopsy to the trial, the qualitative analysis of the inscriptions produced in this case reveals and highlight the epistemic cultures involved. As each culture is developed from the professional practices and modes of acquiring and using knowledge, the analysis of their logic contributes to an understanding of how forensic evidence is co-produced and appropriated in the Portuguese legal context. We identify five epistemic cultures: institutional defence, hunch, office, bubble, and ‘rubber stamp’. We argue that the apparent neutrality of an inquisitorial criminal justice system enables the development of particular ways of producing, understanding and using scientific knowledge and forensic evidence.