MONETIZED JUSTICE

Monetized justice. The new meaning of penal fines in consumer societies

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 Obiettivo del progetto (Objective)

'At the core of the project is the elaboration and presentation of one innovative concept: monetized justice. It aims to understand the social functions and consequences of the most important alternative to imprisonment in Western societies in times of the collapse of the Welfare state and the transformation of social control forms: the penal fine analysed within the most general context of financial penalties . In a monetized society, in which money is increasingly available and all objects can be exchanged for money, fine takes on a different meaning, which will be investigated in the context of this project, taking into account that fine is the only form of penal sanction where the burden need not be borne by the wrongdoer. In this respect, the concept monetized justice explores the view that contemporary penal governance is less concerned with disciplining individuals and more concerned with regulating distributions and flows of behaviours and the problems ands costs linked with these. To this end, the project will take an interdisciplinary approach between the doctrines for criminal justice, criminology and criminal policy, assigning a relevant role to sociology and offering a multidisciplinary perspective.'

Introduzione (Teaser)

As associations to money change, along with its relationship to time and freedom, the deterring abilities and perceived proportionality of penal fines to crime change as well.

Descrizione progetto (Article)

In an increasingly monetised and consumer-driven society, the role of monetary penalties, their implications and overall effectiveness as a part of criminal law is changing. The MONETIZED JUSTICE (Monetized justice. The new meaning of penal fines in consumer societies) project analysed the development of penal fines and their new-found social functions, assessing the value of such penalties as a tool for criminal deterrence.

The project began by looking at a historical development paper and how the meaning and effectiveness of monetary punishment has evolved throughout time. In particular, this meant looking at how the wealth of the offender has been taken into account and if it is possible to escape the supposed bourgeois nature of the penal fine. It was found that penal fines were often rejected during the 19th century as inequality resulted in the poor conceding to the substitute penalty of imprisonment.

Research into historical development also revealed the influence of varying associations to money on legal culture. These associations have grounded practices and dispositions, which in turn construct our conception of what it means to pay the state and thus when fines are appropriate as a punishment.

Another paper looked into whether the original reasons for decriminalising misdemeanours remain valid and arguments surrounding the alternative of expanding regulatory law. It also considered whether we can even speak of the decriminalisation of misdemeanours given their widespread transformation into minor offences.

The project then focused on a case study of corporate fines and whether corporate criminals should be punished through fines or structural penalties. The effectiveness of both fines and stringent money sanctions against corporations was studied.

A sub-product of the project's research focused on the Mexican legal system and more generally on organised crime from a European perspective. This research aimed to elucidate legal mechanisms for preventing money laundering and terrorist financing, and effective confiscation.

Interesting results also arose from a paper regarding the means within the Spanish Penal Code for protecting the victim's economic interests while also rehabilitating the offender.