Transcript Diapositivo 1

Late modernization
CRCC - Partner 5
António Pedro Dores
Nicosia, July 2009
Semi-peripheric penal system
• Portugal become democratic Republic in
1910 and stay a dictatorship from 1926 till
1974
• The 1rst Republic developed a modern Law
school tradition, destroyed in the 40´s
• From the 70´s on, the people on the head of
the judiciary system has been educated by
the anti-modern judicial agenda
• Legal system becomes a resistance to
modern legality order (including market)
Culture of social control
• No liberal and rational though tradition
exist in Portugal, neither political or
juridical
• Ressocialization penal aims remains on
the penal law modern doctrine, produced
by few modernizers, without use
• Since the 1974 revolution till 1996-2001
virtually no political discussion about penal
policy (penitentiary system runned without specialists - Garland)
Actual penal policy
• The abolitionist like 2008 penal law
addresses the need of a long term
reorganization of the penal system (new
penitentiary buildings, new professional penal practices) in a
country with a growing criminality problem
• This political approach has been done
without the contribution of (eventually
against) the judicial community – that
opposes (the government and) the “softness” of the
new law
Prison Risk and Criminality Rate
6000
5000
4000
3000
2000
1000
0
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
risco de encarceramento
taxa de criminalidade
Double face of penal policy
• Develop from zero alternative to prison
penal system (electronic bracelet and work to the community)
• Control professional violent practices
inside prison
• Develop from zero (since 2001) a max security
system without Parliament support
Silence policy
• Lake of political control over the prison
system (big new prison policy)
• Lake of administrative skills inside prison
system (bucket toilet or educators or information system)
• Health care problems (mental health and drug addicts)
• Political uneasy position, given the “war”
between judicial and political personnel
• No University position on the subject
Window of opportunity
• Autonomy and professionalism opportunity
for ressocialization system
• Coordinators concerned with definition of
recidivism and policy operationalization
(knowledge, criteria, assessment, coordination prison and social security)
• Social workers feel striked by the
information of skin-head guard recruitment
(more education and partners on shearing information)
Cost-benefice controversies
• Employment (and information) vs paternalism
• Drug addict and mental cases
• Magistrate position (believers or not on
ressocialization work)
• Professional assessment and prestige
• Knowledge about national reality
• Non imputable persons
• New professional relations with prison staff
Cost-benefice controversies
• Freedom to move inside prison
• Assessment criteria (quantity of reports or quality of
response to policy needs, such as separate youngsters?)
•
•
•
•
Specialization vs polyvalence (big or small prisons)
What to do with mental hill people?
Empowerment of coordinators (20 years old cars)
Silence policy to avoid political-professional problems in the court or in the media
Actual bettering situations
•
•
•
•
•
•
•
Two individual rehabilitation process
Technical autonomy of prison educators
End of drug panic
Informal information exchanges
Downsize number of inmate
Penal alternatives to prison
Stability of conditional freedom
Public opinion
• Ressocialization help should come from
family and friends
• The State & the labor market have a role
• The State should not take responsibility to
get work opportunities to condemn people
Drug policies becomes
a prison problem
• Two approaches: prohibitionist and
preventive
• 80´s repression caused by inability of
administration in the sea and in shore
• Till 2000 it has been a administration
problem (Eduardo Cortesão: abstentionist initiative, 3% success,
community vs soft prison, out of therapeutic control)
Drug related crime
• 21% of drug related crime in official
statistics become inacceptable: 50% is
discovered by a “independent” study
• Introduction of preventive approach
becomes politically controversial and
inefficient (zero inmate users of support health care service to
injections)
• Decriminalization of drug use shorten
prison population
Drug addict management
• It becomes clear it would be impossible to
manage prisons without drugs (both illicit or/and
psychotropic administrated by the staff, often without criteria)
• There are available abstention program
(”Alas Livres de drogas” used by 340 inmates) and 570
pharmacological programs (mostly methadone)
over 11.000 inmate
The end
CRCC - Partner 5
António Pedro Dores
Nicosia, July 2009