谁是囚犯?

António Pedro de Andrade Dores
{"title":"谁是囚犯?","authors":"António Pedro de Andrade Dores","doi":"10.5040/9780755626229.ch-009","DOIUrl":null,"url":null,"abstract":"Criminal proceedings are socially unequal. But are they discriminatory? The impunity of some corresponds, in fact, to the ruthless condemnation of others, including due to miscarriages of justice or for minor offenses. Sociology, without being able to be definitive as to whether or not there is organized discrimination and how, presents sociographic data of the prison population. A population that is impoverished, young, male, poorly educated. Psychology contributes with likely causes of predisposition to fulfil the role of prisoner: family disruption, school failure, exclusionary cultures. Practitioners on the ground recognize pre-offenders before the age of criminal responsibility. The police demand convictions from an early age, from experience, recognizing in them the new generation of criminals who will soon commit crimes of their own. Will the analytical model most used in social theory, separating the political, economic, social and cultural dimensions, be the most appropriate to explain what the social role of the prisoners might be? What happens to the people living in the negative side of these dimensions? There is a consensus about the influence of the economic situation on the likelihood of someone being incarcerated. But there is no agreement as to how institutional processes with such symbolic and political importance as the criminal courts accept being part of a socially selective process so admittedly unjust: how do these organs of sovereignty offer themselves to fulfil a purpose so patently opposed to their doctrinal aims, and how do they gain political legitimacy by doing so? How is it that they sometimes are used to incarcerate the politically or merely socially inconvenient among us? Given that we are in the presence of a global phenomenon (all states and all powers use sequestration as a form of social control) we ask ourselves whether the typical dimensions used by social theory serve the needs of understanding prisons. Is the social role of prisoners economic, political, cultural, of status? How does this explain the centrality of gender and stigma? How to, in practice, explain the normative inconsistencies and claims of the special dangerousness of young men? Why has torture in the prisons become an internationally recognized fact by the custodial states, to the point of they themselves recognizing their incompetence to abolish such prohibited and disgusting practices? Around the hypothesis that the bulk of prisoners are modern scapegoats unconsciously created by states, according to a traditional formula for appeasing feelings of vindictiveness, we discuss the explanatory relevance of this anthropological hypothesis to the study of prisons.","PeriodicalId":30511,"journal":{"name":"Critica Penal y Poder","volume":"1 1","pages":"113-128"},"PeriodicalIF":0.0000,"publicationDate":"2018-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"10","resultStr":"{\"title\":\"Who are the prisoners\",\"authors\":\"António Pedro de Andrade Dores\",\"doi\":\"10.5040/9780755626229.ch-009\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Criminal proceedings are socially unequal. But are they discriminatory? The impunity of some corresponds, in fact, to the ruthless condemnation of others, including due to miscarriages of justice or for minor offenses. Sociology, without being able to be definitive as to whether or not there is organized discrimination and how, presents sociographic data of the prison population. A population that is impoverished, young, male, poorly educated. Psychology contributes with likely causes of predisposition to fulfil the role of prisoner: family disruption, school failure, exclusionary cultures. Practitioners on the ground recognize pre-offenders before the age of criminal responsibility. The police demand convictions from an early age, from experience, recognizing in them the new generation of criminals who will soon commit crimes of their own. Will the analytical model most used in social theory, separating the political, economic, social and cultural dimensions, be the most appropriate to explain what the social role of the prisoners might be? What happens to the people living in the negative side of these dimensions? There is a consensus about the influence of the economic situation on the likelihood of someone being incarcerated. But there is no agreement as to how institutional processes with such symbolic and political importance as the criminal courts accept being part of a socially selective process so admittedly unjust: how do these organs of sovereignty offer themselves to fulfil a purpose so patently opposed to their doctrinal aims, and how do they gain political legitimacy by doing so? How is it that they sometimes are used to incarcerate the politically or merely socially inconvenient among us? Given that we are in the presence of a global phenomenon (all states and all powers use sequestration as a form of social control) we ask ourselves whether the typical dimensions used by social theory serve the needs of understanding prisons. Is the social role of prisoners economic, political, cultural, of status? How does this explain the centrality of gender and stigma? How to, in practice, explain the normative inconsistencies and claims of the special dangerousness of young men? Why has torture in the prisons become an internationally recognized fact by the custodial states, to the point of they themselves recognizing their incompetence to abolish such prohibited and disgusting practices? Around the hypothesis that the bulk of prisoners are modern scapegoats unconsciously created by states, according to a traditional formula for appeasing feelings of vindictiveness, we discuss the explanatory relevance of this anthropological hypothesis to the study of prisons.\",\"PeriodicalId\":30511,\"journal\":{\"name\":\"Critica Penal y Poder\",\"volume\":\"1 1\",\"pages\":\"113-128\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-04-06\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"10\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Critica Penal y Poder\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5040/9780755626229.ch-009\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Critica Penal y Poder","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5040/9780755626229.ch-009","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 10

摘要

刑事诉讼在社会上是不平等的。但这是歧视吗?事实上,一些人不受惩罚对应于另一些人的无情谴责,包括由于司法不公或轻微罪行。社会学虽然不能确定是否存在有组织的歧视以及如何存在歧视,但它提供了监狱人口的社会统计学数据。贫困、年轻、男性、受教育程度低的人口。心理学可能是造成囚犯角色倾向的原因:家庭破裂、学业失败、排他性文化。当地的从业人员在承担刑事责任的年龄之前识别有前科的人。警察要求从小就根据经验定罪,因为他们认识到新一代罪犯很快就会犯自己的罪。社会理论中最常用的分离政治、经济、社会和文化维度的分析模型是否最适合解释囚犯可能扮演的社会角色?生活在这些维度的消极一面的人会发生什么?关于经济形势对某人被监禁的可能性的影响,人们达成了共识。但是,对于像刑事法院这样具有象征意义和政治重要性的制度进程如何接受成为一个公认不公正的社会选择过程的一部分,人们没有达成一致意见:这些主权机构如何提供自己来实现一个如此明显反对其教义目标的目的,以及他们如何通过这样做获得政治合法性?为什么它们有时会被用来监禁我们中间在政治上或仅仅是在社会上不方便的人呢?鉴于我们正处于一个全球性的现象中(所有国家和所有权力都将隔离作为一种社会控制形式),我们问自己,社会理论所使用的典型维度是否服务于理解监狱的需要。囚犯的社会角色是否具有经济、政治、文化等方面的地位?这如何解释性别和耻辱的中心地位?在实践中,如何解释规范上的不一致和年轻人特别危险的主张?为什么监狱里的酷刑已经成为国际公认的事实被关押的国家,以至于他们自己都认识到他们无力废除这种被禁止和令人厌恶的做法?根据传统的平息报复情绪的公式,大多数囚犯都是国家无意识地创造出来的现代替罪羊,围绕这一假设,我们讨论了这一人类学假设与监狱研究的解释性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Who are the prisoners
Criminal proceedings are socially unequal. But are they discriminatory? The impunity of some corresponds, in fact, to the ruthless condemnation of others, including due to miscarriages of justice or for minor offenses. Sociology, without being able to be definitive as to whether or not there is organized discrimination and how, presents sociographic data of the prison population. A population that is impoverished, young, male, poorly educated. Psychology contributes with likely causes of predisposition to fulfil the role of prisoner: family disruption, school failure, exclusionary cultures. Practitioners on the ground recognize pre-offenders before the age of criminal responsibility. The police demand convictions from an early age, from experience, recognizing in them the new generation of criminals who will soon commit crimes of their own. Will the analytical model most used in social theory, separating the political, economic, social and cultural dimensions, be the most appropriate to explain what the social role of the prisoners might be? What happens to the people living in the negative side of these dimensions? There is a consensus about the influence of the economic situation on the likelihood of someone being incarcerated. But there is no agreement as to how institutional processes with such symbolic and political importance as the criminal courts accept being part of a socially selective process so admittedly unjust: how do these organs of sovereignty offer themselves to fulfil a purpose so patently opposed to their doctrinal aims, and how do they gain political legitimacy by doing so? How is it that they sometimes are used to incarcerate the politically or merely socially inconvenient among us? Given that we are in the presence of a global phenomenon (all states and all powers use sequestration as a form of social control) we ask ourselves whether the typical dimensions used by social theory serve the needs of understanding prisons. Is the social role of prisoners economic, political, cultural, of status? How does this explain the centrality of gender and stigma? How to, in practice, explain the normative inconsistencies and claims of the special dangerousness of young men? Why has torture in the prisons become an internationally recognized fact by the custodial states, to the point of they themselves recognizing their incompetence to abolish such prohibited and disgusting practices? Around the hypothesis that the bulk of prisoners are modern scapegoats unconsciously created by states, according to a traditional formula for appeasing feelings of vindictiveness, we discuss the explanatory relevance of this anthropological hypothesis to the study of prisons.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
35
审稿时长
12 weeks
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信