[R13] Ciocchini and Lamcheck: War on Drugs

Reforms aren’t enough, without addressing class inequalities.

Bakit mabagal ang hustisya sa Pilipinas?

[1] Pounds and Checks

  • Criminal case

  • Magbibigay ng check kahit walang laman ang bangko mo

[2] Dangerous Drugs Act Cases

  • Dangerous Drugs Act

  • Began in 2016 when Duterte took office.

  • Characterized by widespread extra-judicial killings (EJKs) carried out by death squads.

  • “Planted evidence”

  • RA 9165, Section 15: You need to be rehabilitated if you use drugs

  • RA 9165, Section: If you’re in possession of drugs, you’re sentenced in life imprisonment

Drug overuse is a medical problem, but in some countries, it’s considered as a criminal case.

Plea Bargaining

  • A legal deal where the accused pleads guilty to a lesser offense in exchange for a lighter penalty.

  • Initially banned under R.A. 9165, Section 23 to prevent collusion between prosecutors and drug offenders.

  • Legal professionals justify plea bargaining by saying:

    • It helps correct drug behavior.

    • It opens access to rehabilitation and probation.

    • It’s a “favorable disposition” since the penalty is lower.

  • Problems:

    • [1] It hides police abuse and fabricated cases

      • Alam ng mga legal professionals na maraming evidence ang planted

      • This normalizes mass arrests and abuses

      • Worsens corruption

      • They feared for their lives since this might make them look like they’re siding with the drug users

    • [2] Assumes all accused are guilty drug users

      • Moral politics

      • These lawyers perceive their clients as morally corrupt, criminals, and drug addicts, who are in need of rehabilitation

      • Plea bargaining is believed to offer justice by:

        • Punishing the guilty (even if not proven).

        • Giving them a chance to reform.

      • It's presented as better than EJKs (extrajudicial killings).

      • But it still reinforces the idea that:

        • The poor are guilty by default.

        • They are morally defective and in need of correction.

      • Your class position is taken into account

PAO officers

Is the law objective? Fair? Not necessarily. THE LAW IS BIASED.