{"id":258350,"date":"2026-07-13T16:13:01","date_gmt":"2026-07-13T13:13:01","guid":{"rendered":"https:\/\/1kitap1.com\/en\/decolonizing-the-criminal-question-ana-aliverti\/"},"modified":"2026-07-13T16:13:01","modified_gmt":"2026-07-13T13:13:01","slug":"decolonizing-the-criminal-question-ana-aliverti","status":"publish","type":"post","link":"https:\/\/1kitap1.com\/en\/decolonizing-the-criminal-question-ana-aliverti\/","title":{"rendered":"Decolonizing The Criminal Question – Ana Aliverti"},"content":{"rendered":"
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They discussed how the favela has become synonymous with crime and, therefore, just being in such a space, even if it is your residence, is enough to presume involvement in crime. The words of J1 provide some insight into this view: And even today [referring to the custody hearings that I had witnessed], there were some cases where the seizure of the drugs was in a context of extreme violence. A place where there has been exchange of fire between them and police officers.<\/p>\n

So, in crime there has been indirect violence. As much as the person was not apprehended with a gun, he is part of a group that is armed, and he was caught . . .The vast majority is theft and trafficking. So sometimes the fact of it being the defendant\u2019s first offence and having a good background alone does not rule out the need for detention, espe- cially in those contexts we have seen. Here we gain a glimpse of the judge\u2019s beliefs about who is dangerous or likely to commit crime.<\/p>\n

There is a conflation between a space associated with violence and somebody arrested with drugs but no weapon. J1 described this as \u2018indirect violence\u2019 and pre- sumes the person to be part of a gang with no evidence beyond the space where the person was arrested. J1 contrasted the situation in the above quote with that of \u2018a casual trafficker that doesn\u2019t present a great risk\u2019. When I asked him to expand on what he meant by this, he provided another example from the set of hearings that I had witnessed that day.<\/p>\n

One of the hearings was for a truck driver found with drugs, and J1 explained that he \u2018does not have the context of criminal association\u2019. In this case, J1 granted conditional release until trial, even though the prosecutor asked for conversion to pre-\u200btrial detention. This \u2018crim- inal association\u2019 is what J1 held in mind and led him to decide on pre-\u200btrial detention in the initial case discussed, where he deemed there to have been \u2018indirect violence\u2019.<\/p>\n

J1 ex- panded by saying, \u2018so, we do not look at the crime, we look at the circumstances of arrest and the facts. That\u2019s important. The crime itself makes no difference.\u2019 Such a statement reaffirms the assertion that subjective interpretations of circumstances\u2014\u200bin this case, as they relate to space\u2014\u200bare significant in influencing ju- dicial decisions relating to pre-\u200btrial detention. It appears that merely being present in a favela, existing in one\u2019s own space\u2014\u200beven without a weapon\u2014\u200bmay be enough to be associated with a gang\/\u200bfaction and thus lead to a greater likelihood of pre-\u200btrial deten- tion.<\/p>\n

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Oxford University Press is a department of the University of Oxford. It furthers the University\u2019s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries \u00a9 The multiple contributors 2023 The moral rights of the authors have been asserted First Edition published in 2023 Some rights reserved.<\/p>\n

No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, for commercial purposes, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. This is an open access publication, available online and distributed under the terms of a Creative Commons Attribution \u2013 Non Commercial \u2013 No Derivatives 4.0 International licence (CC BY-NC-ND 4.0), a copy of which is available at http:\/\/creativecommons.org\/licenses\/by-nc-nd\/4.0\/.<\/p>\n

Enquiries concerning reproduction outside the scope of this licence should be sent to the Rights Department, Oxford University Press, at the address above Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2023936570 ISBN 978\u2013\u200b0\u2013\u200b19\u2013\u200b289900\u2013\u200b2 DOI: 10.1093\/\u200boso\/\u200b9780192899002.001.0001 Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only.<\/p>\n

Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. Foreword: Decolonizing Critique Mark Brown It is with pleasure that I write these opening words for Decolonizing the Criminal Question: Colonial Legacies, Contemporary Problems. I had the good fortune to par- ticipate as a discussant in the workshop from which these chapters emerged and I am sure their present form has profited not only from this book\u2019s fine editors but also from the wide-\u200branging and productive discussions that unfolded over those two days in September 2021.<\/p>\n<\/blockquote>\n

This is a short excerpt from the opening of “” by Unknown, quoted for review and introduction purposes. All rights belong to the copyright holders.<\/em><\/p>\n

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