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    Prisoner capture: welfare, lawfare and warfare in Latin America’s overcrowded prisons

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    Publication date
    2019-05
    Author
    Macaulay, Fiona
    Keyword
    Latin America
    Brazil
    Prisons
    Lawfare
    Gangs
    Pre-trial detention
    Violence
    Rights
    This is an Accepted Manuscript of a book chapter published by Routledge in Handbook of Law and Society in Latin America on 31 May 2019, available online: http://www.routledge.com/9781138184459.
    Peer-Reviewed
    Yes
    
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    Abstract
    This chapter focuses on the forms of legality and illegality produced by, and within, prison systems in Latin America where prison populations have risen five-fold, leading to a serious structural crisis in the criminal justice system. The chapter develops the concept of “prisoner capture”, a double-sided phenomenon of illegality in the state’s practices of detention, on the one hand, and informal, or parallel, governance exercised by those that it detained, on the other. State authorities held tens of thousands of people in extended and legally unjustifiable pretrial detention, and frequently denied convicted prisoners their legal rights, including timely release. This officially sanctioned form of kidnapping created such overcrowding and under-investment in prisons that national, constitutional, and international minimum norms on detention standards were routinely, systematically and grossly violated. These multiple illegalities on the part of the state in turn encouraged the emergence of prisoner self-defence and self-governance organizations. This resulted in “prisoner capture” of a different kind, when inmates took over the day-to-day ordering of prison life. In turn, this produced a parallel normative and pseudo-legal world in which inmates adjudicated on and disciplined other inmates in the absence of state officials within the prison walls. The chapter further examines what the study of Latin American prisons and penal practices can add to the field of socio-legal studies in the region and the implications of this phenomenon of prison capture for the dominant socio-legal literature on prisons and imprisonment.
    URI
    http://hdl.handle.net/10454/16521
    Version
    Accepted Manuscript
    Citation
    Macaulay F (2019) Prisoner capture: welfare, lawfare and warfare in Latin America’s overcrowded prisons. In: Sieder R and Ansolabehere K (Eds.) Routledge Handbook of Law and Society in Latin America. London: Routledge.
    Link to publisher’s version
    http://www.routledge.com/9781138184459
    Type
    Book chapter
    Collections
    Social Sciences Publications

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