[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.