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The “war on drugs” in Philippine criminal courts: legal professionals’ moral discourse and plea bargaining in drug-related cases

  • University of Liverpool
  • University of New South Wales

Research output: Chapter in Book / Conference PaperChapterpeer-review

2 Citations (Scopus)

Abstract

The “War on Drugs” in the Philippines resulted in the arrest of unprecedented number of suspects of drug-related crimes. Legal professionals managed this deluge of cases by embracing the device of plea bargaining, previously banned from those types of cases. Given the weakness of the legal cases of drug-related offences assembled by the police, conviction of the accused is often in serious tension with the duty and commitment of legal professionals to decide cases on the basis of law and evidence. At the same time, acquittals appear anathema both to the government’s aggressive anti-drugs campaign and legal professionals’ own moral judgement of drug users. Plea bargaining allows legal professionals to avoid these unwanted outcomes and satisfies their belief in rehabilitation. This chapter draws from interviews with prosecutors, public attorneys, and judges to explore their moral discourse against poor defendants and how it affects the justice system’s response to drugs cases. Locating the “war on drugs” within an understanding of neoliberalism as the ascendance of “markets-and-morals”, the chapter shows how legal professionals’ embrace of plea bargaining continues the weaponization of morality against the poor within the criminal justice system.
Original languageEnglish
Title of host publicationCriminal Legalities and Minorities in the Global South: Rights and Resistance in a Decolonial World
EditorsGeorge Radics, Pablo Ciocchini
Place of PublicationSwitzerland
PublisherPalgrave-Macmillan
Chapter11
Pages209-228
Number of pages20
ISBN (Electronic)9783031179181
ISBN (Print)9783031179174, 9783031179204
DOIs
Publication statusPublished - 2023
Externally publishedYes

Publication series

NamePalgrave Socio-Legal Studies
ISSN (Electronic)2947-9282

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