Not Citizens, Not Real People. The Italian Way of Governing Immigration through the Criminal Justice System

The aim of this article is to describe the specious use made of the Italian criminal justice system as a device to manage the demands for security due to the general perception of increased immigration flows in Italy. In particular, the article analyses - in each stage of the penal system from subst...

Full description

Bibliographic Details
Main Authors: Laura Scomparin, Giovanni Torrente
Format: Article
Language:English
Published: Sociedad Española de Investigación Criminológica 2020-12-01
Series:Revista Española de Investigación Criminológica
Subjects:
Online Access:https://reic.criminologia.net/index.php/journal/article/view/339
_version_ 1818772613243076608
author Laura Scomparin
Giovanni Torrente
author_facet Laura Scomparin
Giovanni Torrente
author_sort Laura Scomparin
collection DOAJ
description The aim of this article is to describe the specious use made of the Italian criminal justice system as a device to manage the demands for security due to the general perception of increased immigration flows in Italy. In particular, the article analyses - in each stage of the penal system from substantive criminal law, through criminal procedure law, to the prison system - the connection between the processes of criminalization and the use of extrajudicial measures to control immigration flows (such as border controls and expulsions). The results suggest that this criminal ‘double track’ (Italian citizens on the one side and migrants on the other) - with the subsequent hyper-incarceration of aliens and their final deportation as a consequence of the breach of either or both administrative and criminal law -is a disguised but deliberate choice of recent Italian legislative policy regarding the justice system.
first_indexed 2024-12-18T10:12:08Z
format Article
id doaj.art-7ecbe75d95014e6cbea2bb8a80c333b4
institution Directory Open Access Journal
issn 1696-9219
language English
last_indexed 2024-12-18T10:12:08Z
publishDate 2020-12-01
publisher Sociedad Española de Investigación Criminológica
record_format Article
series Revista Española de Investigación Criminológica
spelling doaj.art-7ecbe75d95014e6cbea2bb8a80c333b42022-12-21T21:11:25ZengSociedad Española de Investigación CriminológicaRevista Española de Investigación Criminológica1696-92192020-12-0118210.46381/reic.v18i2.339Not Citizens, Not Real People. The Italian Way of Governing Immigration through the Criminal Justice SystemLaura Scomparin 0Giovanni Torrente1University of TorinoUniversity of TorinoThe aim of this article is to describe the specious use made of the Italian criminal justice system as a device to manage the demands for security due to the general perception of increased immigration flows in Italy. In particular, the article analyses - in each stage of the penal system from substantive criminal law, through criminal procedure law, to the prison system - the connection between the processes of criminalization and the use of extrajudicial measures to control immigration flows (such as border controls and expulsions). The results suggest that this criminal ‘double track’ (Italian citizens on the one side and migrants on the other) - with the subsequent hyper-incarceration of aliens and their final deportation as a consequence of the breach of either or both administrative and criminal law -is a disguised but deliberate choice of recent Italian legislative policy regarding the justice system.https://reic.criminologia.net/index.php/journal/article/view/339criminal justiceunlawful migrationcoercive measureshyper-incarcerationsegregationsocial control
spellingShingle Laura Scomparin
Giovanni Torrente
Not Citizens, Not Real People. The Italian Way of Governing Immigration through the Criminal Justice System
Revista Española de Investigación Criminológica
criminal justice
unlawful migration
coercive measures
hyper-incarceration
segregation
social control
title Not Citizens, Not Real People. The Italian Way of Governing Immigration through the Criminal Justice System
title_full Not Citizens, Not Real People. The Italian Way of Governing Immigration through the Criminal Justice System
title_fullStr Not Citizens, Not Real People. The Italian Way of Governing Immigration through the Criminal Justice System
title_full_unstemmed Not Citizens, Not Real People. The Italian Way of Governing Immigration through the Criminal Justice System
title_short Not Citizens, Not Real People. The Italian Way of Governing Immigration through the Criminal Justice System
title_sort not citizens not real people the italian way of governing immigration through the criminal justice system
topic criminal justice
unlawful migration
coercive measures
hyper-incarceration
segregation
social control
url https://reic.criminologia.net/index.php/journal/article/view/339
work_keys_str_mv AT laurascomparin notcitizensnotrealpeopletheitalianwayofgoverningimmigrationthroughthecriminaljusticesystem
AT giovannitorrente notcitizensnotrealpeopletheitalianwayofgoverningimmigrationthroughthecriminaljusticesystem