The inmate as a victim of the rise in the incarceration rate and the perception of insecurity in western society. A particular analysis of the Chilean case

Abstract

Often, the discussion about the victim in the penal process recognizes only the crime victim and doesn't take into consideration that the inmate, the person deprived of liberty, might also be a victim of the criminal justice system. This paper analyses the issue of mass imprisonment with particular attention to the Chilean case. The excessive and selective use of the deprivation of freedom has become a controlling tool, filling our prisons with those excluded from society. After a general analysis, we will investigate the causes of mass imprisonment: the dismantling of the Welfare State (followed by tougher punishment) and punitive populism (result of a vindictive demagogic attitude). We believe that the selection by which it operates, the effects that it produces and the resulting advantages for the privileged minorities make this not only illegitimate but also intolerable in a democratic society. We will conclude with a realistic proposal, an alternative to mass imprisonment, compatible with respect for human dignity.