Construction of crime and the criminal: pathologies of the Italian legal system

Abstract

This paper discusses the functioning of the Italian legal system, especially with respect to crime and immigration. While political discourse from both right and left stresses the need for the ‘security’ and ‘control’ of immigration, the larger legal-political framework only increases the number of ‘irregular persons’ whose only chance of making a livelihood is to engage in ‘irregular’ jobs. Consequently, public attitudes towards immigrants are becoming systematically tied to ‘crime’ and ‘illegality’. The Italian state draws heavily on its resources to sustain judges, prosecutors, lawyers and a large bureaucratic apparatus, repeatedly running trials that aim to punish crimes often related to the essential condition of being a migrant. Most of these crimes represent no threat to security, nor violate social norms or trust among citizens. Therefore, Italian legislation has the ultimate effect of attracting, above all, those migrants that are willing or more prone to live in a condition of illegality, rather than those that are willing to abide by the law.