Stefano Anastasia

The Deviant Identity Patterns and the New Case Law on Human Rights of the Inmates

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Abstract

The question of deviant identity is a topos of the criminological tradition. During the neo-liberal age, its definition moved from the cathartic-medical model of the offender's correction to the paranoid-security model of his/her exclusion, causing - in much of the Western world - the phenomenon of mass imprisonment. Recent case law of supreme or international courts put on trial the security-paradigm in the name of the prisoners' human dignity, opening the way for a reconsideration of the limits of punitive power and of those labeling practices that hide under the conceptions of deviant identity proposed both by the cathartic and by the paranoid model.

Keywords

  • Deviant Identity
  • Human Rights Case Law
  • Labeling Practices
  • Mass Imprisonment
  • Punitive Power

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