THE NATURE AND CONTOURS OF TRUST IN SENTENCING AND PENAL DECISION MAKING
DUBLIN, 18-19 APRIL 2013
DOES PUNISHMENT
PROMOTE TRUST?
CONSIDERATIONS ON TRUST AND THE AIMS OF
PUNISHMENT FROM THE ITALIAN PERSPECTIVE
GRAZIA MANNOZZI
UNIVERSITÀ DELL’INSUBRIA
COMO (ITALY)
Punishment
and
Cesare Ripa, Iconology (Punishment)
Prof. Grazia Mannozzi - University of Insubria (Como - Italy)
Trust
«Venni qua giù del mio beato scanno,
fidandomi del tuo parlare onesto,
ch’onora te e quei ch’udito l’hanno»
Dante Alighieri, Inferno, II, 111
‘Trust’ from the sociological perspective
• Trust and consensus: The Putnam perspecive.
Prof. Grazia Mannozzi - University of Insubria (Como - Italy)
Society from the SC point of view
Social Capital
Inter-individual
Trust
Prof. Grazia Mannozzi - University of Insubria (Como - Italy)
Common norms,
values, identity
Cooperation/
reciprocality
‘Trust’ from the EU perspective
«The Commission wishes to explore the extent to which detention issues impact on mutual
trust, and consequently on mutual recognition and judicial cooperation generally within the
European Union».
«For mutual recognition to operate effectively there must be a common basis of trust between
judicial authorities». (GREEN PAPER - COM(2011) 327 final)
«An EU Criminal Policy should have as overall goal to foster citizens’ confidence in the fact
that they live in a Europe of freedom, security and justice, that EU law protecting their
interests is fully implemented and enforced011) (COMMUNICATION -COM(2011) 573 final)
Prof. Grazia Mannozzi - University of Insubria (Como - Italy)
TRUST AS A PRE-CONDITION FOR
COOPERATION IN JUDICIAL MATTERS
Prof. Grazia Mannozzi - University of Insubria (Como - Italy)
‘Trust’ from the sociological perspective
• Trust as a key-element for a law abiding behaviour: the Goffman
perspective
• Trust as an hermeneutic parameter: the Garfinkel, perspective
• Trust as a stabilisation of social relationships: the Giddens
perspective
• Trust as a way a way to reduce complexity, uncertainty, risk. The
Luhmann perspective.
Prof. Grazia Mannozzi - University of Insubria (Como - Italy)
Juvenile
The Italian
sanction
system
 Petty offences
Adult
 Medium crimes
 Serious crimes
Corporations
Prof. Grazia Mannozzi - University of Insubria (Como - Italy)
 Petty offences
Characteristics
of the Italian
sanction
sub-systems
for adult and
corporations
 Organised crime/terrorism
Justice of the Peace
Autonomous sanctions
Aim: reconciliation/reparation
Criminal Court
Traditional sanctions (imprisonment,
fine)
Aim: neutralisation/retribution
 Common crimes
Monocratic or Criminal Court
Traditional sanctions
Aim: rehabilitation/retribution
 Immigration related crimes and
recidivists
Criminal courts
Traditional sanctions
Aim: retribution
 Corporation/white collar crime
Criminal Court
Aim: not clear prevention/reparation/retribution
Prof. Grazia Mannozzi - University of Insubria (Como - Italy)
Can people/States trust this kind of sanction
system?
Prof. Grazia Mannozzi - University of Insubria (Como Italy)
(from ‘Processo originale degli untori’, Milano 1839)
Can people trust imprisonment, even if it is
oriented to new goals?
Prof. Grazia Mannozzi - University of Insubria (Como Italy)
(Raphael, Liberation of St Peter, 1513-14)
SUPERVISION OF THE EXECUTION OF JUDGMENTS AND DECISIONS
OF THE EUROPEAN COURT OF HUMAN RIGHTS
6TH ANNUAL REPORT OF THE COMMITTEE OF MINISTERS
2012 (2013)
Prof. Grazia Mannozzi - University of Insubria (Como - Italy)
Tensions of the goals of sanctions
◦ Retribution
◦ Rehabilitation
◦ Neutralisation
◦ Deterrence
◦ Recognition
undemonstrated
ineffective
unconstitutional
questionable
not verifiable
In short:
The goals of punishment are widely differentiated; they are not always clear (i.e. for white
collars crimes and negligent crimes characterised by violation of safety at work laws);
they are usually not expressed in the sentence motivation.
Prof. Grazia Mannozzi - University of Insubria (Como - Italy)
J. Sinberg,
Garden of Death (1896)
Prof. Grazia Mannozzi - University of Insubria (Como Italy)
Can a penal system still widely based Can a penal system based on prison
help victim to enhance trust in the
on prison promote trust in the
justice system?
society?
The Wounded Angel (1903)
The dynamics of trust
CRIMINAL JUSTICE SYSTEM
RESTORATIVE JUSTICE SYSTEM
Trust
among
people
Trust in
norms/institutions
reparation
Norms
Punishment
people
People
PROF. GRAZIA MANNOZZI - UNIVERSITY OF INSUBRIA (COMO - ITALY)
PROF. GRAZIA MANNOZZI
UNIVERSITÀ DELL’INSUBRIA
VIA S. ABBONDIO 12
22100 COMO (ITALY)
grazia.mannozzi@uninsubria.it
grazia.mannozzi@teletu.it
www4.uninsubria.it/on-line/home/rubrica/home-page-docente.html?P1_m=P000443
Prof. Grazia Mannozzi - University of Insubria (Como - Italy)