1. THE NATURE AND CONTOURS OF TRUST IN SENTENCING AND PENAL DECISION MAKING DUBLIN, 18-19 APRIL 2013 DOES PUNISHMENT PROMOTE TRUST? CONSIDERATIONS ON TRUST AND THE AIMS OF PUNISHMENT FROM THE ITALIAN PERSPECTIVE GRAZIA MANNOZZI UNIVERSITÀ DELL’INSUBRIA COMO (ITALY)

2. Punishment and Trust «Venni qua giù del mio beato scanno, fidandomi del tuo parlare onesto, ch’onora te e quei ch’udito l’hanno» Dante Alighieri, Inferno, II, 111 Cesare Ripa, Iconology (Punishment) Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

3. ‘Trust’ from the sociological perspective Trust and consensus: The Putnam perspecive. Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

4. Society from the SC point of view Social Capital Inter-individual Trust Common norms, values, identity Cooperation/ reciprocality Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

5. ‘Trust’ from the EU perspective «The Commission wishes to explore the extent to which detention issues impact on mutual trust, and consequently on mutual recognition and judicial cooperation generally within the European Union». «For mutual recognition to operate effectively there must be a common basis of trust between judicial authorities». (GREEN PAPER - COM(2011) 327 final) «An EU Criminal Policy should have as overall goal to foster citizens’ confidence in the fact that they live in a Europe of freedom, security and justice, that EU law protecting their interests is fully implemented and enforced011) (COMMUNICATION -COM(2011) 573 final) Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

6. TRUST AS A PRE-CONDITION FOR COOPERATION IN JUDICIAL MATTERS Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

7. ‘Trust’ from the sociological perspective Trust as a key-element for a law abiding behaviour: the Goffman perspective Trust as an hermeneutic parameter: the Garfinkel, perspective Trust as a stabilisation of social relationships: the Giddens perspective Trust as a way a way to reduce complexity, uncertainty, risk. The Luhmann perspective. Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

8. Actors of trust dynamics in criminal matters  Sanction system goals of punishment types of punishment enforcement level effects of punishments  Police  Judiciary (including prosecutors)  Community  Media Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

9. The Italian sanction system  Juvenile  Adult  Corporations  Petty offences  Medium crimes  Serious crimes Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

10. Characteristics of the Italian sanction sub-systems for adult and corporations  Petty offences  Organised crime/terrorism  Common crimes  Immigration related crimes and recidivists  Corporation/white collar crime Justice of the Peace Autonomous sanctions Aim: reconciliation/reparation Criminal Court Traditional sanctions (imprisonment, fine) Aim: neutralisation/retribution Monocratic or Criminal Court Traditional sanctions Aim: rehabilitation/retribution Criminal courts Traditional sanctions Aim: retribution Criminal Court Aim: not clear - prevention/reparation/retribution Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

11. Can people/States trust this kind of sanction system? (from ‘Processo originale degli untori’, Milano 1839) Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

12. Can people trust imprisonment, even if it is oriented to new goals? (Raphael, Liberation of St Peter, 1513-14) Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

13. SUPERVISION OF THE EXECUTION OF JUDGMENTS AND DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS 6TH ANNUAL REPORT OF THE COMMITTEE OF MINISTERS 2012 (2013) Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

14. Tensions of the goals of sanctions ◦ Retribution undemonstrated ◦ Rehabilitation ineffective ◦ Neutralisation unconstitutional ◦ Deterrence questionable ◦ Recognitionnot verifiable In short: The goals of punishment are widely differentiated; they are not always clear (i.e. for white collars crimes and negligent crimes characterised by violation of safety at work laws); they are usually not expressed in the sentence motivation. Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

15. J. Sinberg, Garden of Death (1896) The Wounded Angel (1903) Can a penal system still widely based on prison promote trust in the society ? Can a penal system based on prison help victim to enhance trust in the justice system? Prof. Grazia Mannozzi - University of Insubria (Como - Italy)

16. The dynamics of trust CRIMINAL JUSTICE SYSTEM Trust in norms/institutions Punishment People RESTORATIVE JUSTICE SYSTEM Trust among people Normspeoplereparation PROF. GRAZIA MANNOZZI - UNIVERSITY OF INSUBRIA (COMO - ITALY)

17. PROF. GRAZIA MANNOZZI U NIVERSITÀ DELL ’I NSUBRIA V IA S. A BBONDIO 12 22100 C OMO (I TALY ) grazia.mannozzi@uninsubria.it grazia.mannozzi@teletu.it www4.uninsubria.it/on-line/home/rubrica/home-page-docente.html?P1_m=P000443 grazia.mannozzi@uninsubria.it grazia.mannozzi@teletu.it Prof. Grazia Mannozzi - University of Insubria (Como - Italy)