University:
University College London
Course:
LAWS0035 | Criminology
Academic year:

2024
Views:

449

Pages:

5
Author:

Nam B.

Deconstructing The Crim Migrant Other: Migration, Citizenship, And Penal Power Presented by: Mr. Franko Date: 3 November 2020 N. Christie: Crime Does Not Exist - (Christie, 2004: 3) • "Only acts exist, acts often given different meanings within various social frameworks. Acts, and the meaning given them, are our data. Our challenge is to follow the destiny of acts through the universe of meanings. Particularly, what are the social conditions that encourage or prevent giving the acts the meaning of being crime" Why The Crim Migrant Other? - Migrant / non-citizen as a distinct penal subject - A figure of the unwanted - Homini sacri (Agamben), strangers (Simmel) or suitable enemies (Christies), delinquent (Foucault)? - Connecting migration and the logic of insecurity & the use of penal and military power - The notion of immigrant criminality vital for understanding the perceived legitimacy of social exclusion in societies, and in a continent, with a vivid humanitarian selfperception. Deconstructing The Crim Migrant Other - The spectacle - The crim migrant body - Illegality - Deportability - Power / knowledge Creating Global Legibility - J. Scott (1998): statcarft & the creation of a "legible people" "Identificatory logic": "the need to identify and track those who had wandered or traveled beyond the circle in which they were personally known" (Caplan and Torpey, 2001:2) - Biometrics: (mis)trust, truth & use of force (Aas, 2006) - EU Commission (May 2015): if migrants do not cooperate "Member States should make use of specific and limited use of detention, and use coercion as last resort". - Creating global legibility: identification of other states' citizens a corner stone of deportability Illegality - An illegal immigrant is 'someone in respect of whose presence of the territory the state has passed a law making mere existence a criminal offence' (Guild, 2009: 15). - <<>> The 'Crim Migrant Other' - Subjected to a distinct form of penalty and a distinct penal regime (Bosworth, 2014; Kaufman, 2015; Ugelvik and Damsa, 2017) - Mixing elements of immigration law and criminal law ('crim migration law', Stumpf, 2006; bordered penalty, Aas, 2014). - Penal power and the creation of alienage. - From correction/ moral reform to banishment / exclusion (from panopticons to banoptimism). - Bosniak (2006: 16): 'hard-on-the-outside, soft-on-the-inside conception of citizenship' (also Barker, 2018). - Migration not simply securitized, criminalized but 'moralized'. The Uses Of The Crimmigrant Other - Erikson (1966): deviant forms of behavior a valuable resource in a society. - Morrison (2017: 19): 'major benefits in creating and sustaining an Other'. - Pulling together a regime of governance combining penal & military power and humanitarian rationalities - Legitimizing use of force in field which is lacking in traditional forms of legitimacy (Bosworth, 2013) - Neutralization techniques & denial (Ugelvik, 2018; Bosworth, 2018) - Hansson (2017): prioritizing deportations of criminal offenders & coping mechanisms Towards A Moral Economy Of The Border? - E.P. Thompson (1971; 1991): analyzing food rioting in the 18th century legitimization of rioting in the eyes of the participants. - Resurrection of the concept (Fassin, 2005, 2015; Bourgois and Schoneberg, 2009; Götz, 2015; Edelman, 2015) - freed of class connotations. - Understanding the construction of altruistic meanings which are given to certain acts, which might otherwise be construed according to other imperatives. - Understanding the paradoxid nature of the exercise of penal power in humanitarian borderlands. - The impact of market thinking on craftsmanship. The «Work» Of The Crimmigrant Other - (Pettersen, p. 74) • "I can say that the PU employees wish to do a good and professional job and work strongly against criminals - or those who have become criminals – with a final - decision" The Power To Make Distinctions - Constituting moral boundaries: • Of the nation (Andreson, 2013: 'communities of value') • Within the humanitarian consciousness - Distinctions between refugees and 'other migrants' (Costello, 2018) - Bosworth (2018): foreign men as racialized and gendered others. - Hierarchies of migrants: good / bad, victims/offenders, members/non-members, deserving / non-deserving - The language of goodness (Fassin, 2011) - difficulties in articulating a discourse of rights, justice and inclusion for the un-ideal migrant. The 'Usefulness' Of The Evil Smuggler - Outsourcing moral responsibility to a 'suitable enemy'. - 'The rising death toll mainly results from criminal activities aimed at making profit through the provision of smuggling services at any cost.' (Frontex, 2017: 33) - Brachet (2018: 28): migrant deaths not interpreted as the unfortunate product of border control, but 'as compelling proof of the need to keep fighting the "infamous" smuggling networks that take advantage of the misery of others'. - 'reliance on smuggling emerges from the lack of accessible, legal and safe mechanisms for mobility' (Sanchez, 2018: 3).