‘Parli l’italiano?’: Revealing hierarchies of non-citizenship in judicial practices through the lens of language proficiency

Abstract

Until recently, the impact of language barriers faced by non-citizens in institutional settings, particularly within the criminal justice system, has been largely overlooked. This article draws on a year-long ethnography in an Italian criminal court to examine how limited proficiency in the dominant language by foreign defendants alters judicial practices, discourses and attitudes towards them. Adopting an intersectional perspective, it explores the interplay between language proficiency and other vectors of inequality – such as citizenship status, nationality, ethnicity, race and social class – demonstrating how these factors collectively shape the kind of justice delivered to foreign defendants, particularly to migrant groups standing at the intersection of multiple axes of inequality. By centring language as a site of power, this study reveals how hierarchies of non-citizenship are reinforced within the judicial system, contributing to the continued marginalisation of some migrant groups and deepening systemic inequalities.