The construction of otherness in the penitentiary institution between penal populism, criminalization of poverty and de-responsibilization: notes on the Italian case

Abstract

In an era of populist rhetoric that ignores empirical evidence, prison is a place where the construction of the prisoner’s otherness is expressed in terms of segregation, denial of fundamental rights, alienation, de-responsibilization. The tendency to “criminalize poverty” also worsens prison overcrowding, hindering treatment activities of learning and training, with an increase in the rate of recidivism. The essay focuses on these trends, with particular reference to the Italian case, where recent measures such as Legislative Decree no. 123/2023 (“Caivano Decree”) seem to go in a direction which is contrary to the constitutional purposes of re-education and social reintegration of prisoners.