Parole and prisoner release: Exploring rationalities across time and place

IF 0.8 Q4 CRIMINOLOGY & PENOLOGY
N. Carr, Ester Blay
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引用次数: 1

Abstract

This special issue focusses on prisoner release and parole in different European contexts. The starting point for looking at this topic was our involvement in the European Society of Criminology’s Working Group on Community Sanctions and Measures and the COST Action on Offender Supervision in Europe,1 which explored the expanding use of community sanctions and measures across a number of European countries. These networks and subsequent publications (see e.g. Boone and Maguire, 2017; McNeill and Beyens, 2013; Robinson and McNeill, 2016), have drawn attention to what was a previously relatively neglected aspect of penality – sanctions imposed and served in the community. Part of the reason that community sanctions and measures have received less attention is because penological scholarship has tended to focus more closely on the prison, particularly in light of increases in prison populations and the attendant issues that arise from this (e.g. questions regarding utility, effectiveness and concerns regarding human rights, to name just a few). Of course, community sanctions and measures also encompass the requirements and conditions that are imposed upon people when they are released from prison. Therefore, a rise in prison numbers also leads to an expanded population of people subsequently made subject to supervision in the community, and this symbiotic relationship (or in some instances a feedback loop), is further evidenced by the return of people to prison for breaching the conditions of their release. Jonathan Simon’s (1993) book Poor Discipline: Parole and the Social Control of the Underclass 1890–1990, exploring the history of parole in California over the course of a century has been another important starting point. In this influential work, Simon (1993) traces the changing rationalities and techniques deployed to justify and govern prisoner release over time and critically relates these to the wider political economy, the changing role of the state and the increased salience directed towards governance through crime. Simon argues that given its juncture at the nexus between prison and the community, the study of parole provides a unique vantage point from which to explore wider penality. We have therefore asked the contributors to the special issue to consider these wider themes in their analysis. Any explorations of the processes of prisoner release and parole needs to first define what we mean by these terms. The word ‘parole’ has entered common parlance, but its precise meaning and its use in comparative analysis and academic literature varies (Padfield et al., 2012; van Zyl Smit and Corda, 2017). ‘Parole’ is typically taken to mean the decision made regarding the point at which a prisoner is released prior to their maximum sentence and becomes subject to some form of conditionality. In some instances, the ‘decision’ to release a prisoner is ‘automatic’, while in others it is ‘discretionary’. 895825 EJP0010.1177/2066220319895825European Journal of ProbationEditorial 2019
假释和囚犯释放:跨越时间和地点探索合理性
本期特刊关注不同欧洲背景下的囚犯释放和假释问题。研究这一主题的出发点是我们参与了欧洲犯罪学学会的社区制裁和措施工作组以及欧洲罪犯监督成本行动,1该工作组探讨了在一些欧洲国家扩大使用社区制裁和措施的问题。这些网络和随后的出版物(例如,见Boone和Maguire,2017;McNeill和Beyens,2013;Robinson和McNeill,2016)引起了人们对以前相对被忽视的惩罚方面的关注——在社区中实施和服务的制裁。社区制裁和措施较少受到关注的部分原因是,刑法学研究往往更密切地关注监狱,特别是考虑到监狱人口的增加以及由此产生的相关问题(例如,效用、有效性问题和人权问题等)。当然,社区制裁和措施也包括人们从监狱获释时施加的要求和条件。因此,监狱数量的增加也导致了随后受到社区监督的人数的增加,而这种共生关系(或在某些情况下是反馈循环),因违反释放条件而返回监狱的人进一步证明了这一点。乔纳森·西蒙(Jonathan Simon)(1993年)的《糟糕的纪律:假释和底层阶级的社会控制》(Poor Discipline:Parole and the Social Control of the Underclass 1890–1990)一书探讨了一个世纪以来加州假释的历史,这是另一个重要的起点。在这部有影响力的作品中,Simon(1993)追溯了随着时间的推移,为证明和管理囚犯释放而部署的理性和技术的变化,并将其与更广泛的政治经济、国家角色的变化以及通过犯罪进行治理的日益突出联系起来。西蒙认为,鉴于假释处于监狱和社区之间的关键时刻,假释研究为探索更广泛的惩罚提供了一个独特的视角。因此,我们要求特刊的撰稿人在分析中考虑这些更广泛的主题。对囚犯释放和假释过程的任何探索都需要首先定义我们所说的这些术语的含义。“假释”一词已进入常用说法,但其确切含义及其在比较分析和学术文献中的使用各不相同(Padfield et al.,2012;van Zyl-Smitt和Corda,2017)假释”通常指的是在囚犯最高刑期前释放的时间点上做出的决定,并受到某种形式的条件限制。在某些情况下,释放囚犯的“决定”是“自动的”,而在另一些情况下,则是“自由裁量的”。895825 EJP0010.1177/206220319895825欧洲试用期刊编辑2019
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来源期刊
European Journal of Probation
European Journal of Probation CRIMINOLOGY & PENOLOGY-
CiteScore
1.80
自引率
0.00%
发文量
11
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