Nicolas Amadio, Massil Benbouriche, Bruno Domingo, Rachel Sarg
{"title":"Social reintegration of individuals convicted of terrorism in France: From paradox to blind spot?","authors":"Nicolas Amadio, Massil Benbouriche, Bruno Domingo, Rachel Sarg","doi":"10.1177/20662203241280785","DOIUrl":"https://doi.org/10.1177/20662203241280785","url":null,"abstract":"Social reintegration of individuals convicted of terrorism is a major issue of probationary and scientific debate. However, while the issue has made significant strides internationally, it has until now received little attention in France. The aim of this article is to highlight this difference in interest and to provide some insights into the reasons for this. It does this by drawing on a literature review of French scientific articles published in peer-reviewed journals between 2012 and 2022. The article first defines the notion of social reintegration. Then, it highlights how, while the question of réinsertion of prisoners is presented as a fundamental objective of probationary practices and is a subject of interest in French research, the same cannot be said for social reintegration. This article concludes that this difference can be explained in terms of the interplay between practical and academic fields, internationalization, and interdisciplinarity.","PeriodicalId":44523,"journal":{"name":"European Journal of Probation","volume":"48 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142210268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"‘You take me for a moron or what’? Analysing French felony courts through legitimacy of justice and therapeutic jurisprudence lenses","authors":"Martine Herzog-Evans","doi":"10.1177/20662203241281023","DOIUrl":"https://doi.org/10.1177/20662203241281023","url":null,"abstract":"French literature pertaining to felony courts has used quantitative-descriptive or sociological critical approaches. It has portrayed an assembly line system where offenders are industrially processed. However, this literature has not documented the consequences this processing has on the interactions between the accused and judicial practitioners. This article attempts to bridge this gap. It analyses the felony hearings which took place during a year in the three chambers of a local court, by using a semi-ethnographic methodology. Data was coded with a legitimacy of justice-procedural justice-therapeutic jurisprudence (LJ-PJ-TJ) analytical grid. In the majority of cases, the interactions with the accused did not meet LJ-PJ-TJ criteria. French felony courts are noisy, summary, and dehumanised. However, there were interesting exceptions to this rule: the collegial chamber was significantly more respectful and dignified than the one-judge chamber; at an individual level, a strong minority of judges meet the majority of the LJ-PJ-TJ criteria.","PeriodicalId":44523,"journal":{"name":"European Journal of Probation","volume":"2 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142226752","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Profile of men and women sentenced to community services: Risk factors and social vulnerability","authors":"Meritxell Pérez-Ramírez, Aurea Grané","doi":"10.1177/20662203241280786","DOIUrl":"https://doi.org/10.1177/20662203241280786","url":null,"abstract":"This study explores profiles of individuals in community service, focussing on gender differences and women’s social vulnerability. Surveys from 503 participants undergoing community service via the Spanish Red Cross unveiled significant gender-related distinctions. Women faced more family responsibilities and lower incomes than men, with heightened economic challenges and engagement in informal work. Property ownership was less frequent among women, who also grappled with more outstanding mortgage payments and single parenthood. A larger share of women relied on institutional support and joined the Extreme Vulnerability Programme. These findings resonate with global research advocating holistic intervention for women offenders. However, this demands a broader array of community service tailored to women’s needs, especially concerning dependent children. Addressing core necessities such as housing, healthcare, and employment, along with enhancing self-worth and recognition, proves pivotal in deterring women from criminal behaviour. A gender-oriented approach to alternative sentencing can enhance effectiveness and compliance.","PeriodicalId":44523,"journal":{"name":"European Journal of Probation","volume":"74 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142226753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Navigating criminal justice cooperation: A French perspective on EU framework decisions","authors":"Daniel Danglades, Emmanuelle Laudic-Baron","doi":"10.1177/20662203241247668","DOIUrl":"https://doi.org/10.1177/20662203241247668","url":null,"abstract":"This article provides a nuanced exploration of the implications of EU criminal justice cooperation, particularly within French probation and judicial services. Focusing on EU Framework Decisions 2008/947/JAI and 2009/829/JAI, the article delves into their impact and adaptation in France, offering insights into challenges, adaptations, and practical considerations from the French standpoint. The article contextualises the implications of EU Framework Decisions by integrating valuable insights from the French probation and judicial services. Statistical data and case analyses illustrate practical challenges and applications within the French criminal justice landscape. The article highlights specific challenges faced within the French criminal justice system, such as prison overcrowding and the treatment of foreign nationals. It emphasises enhanced communication, trust, and collaboration among stakeholders within the European criminal justice system. Addressing the adaptation of EU Framework Decisions in France, the article navigates the complexities involved in aligning European law with national legislation and the delicate balance required to maintain sovereignty while embracing cooperative legal frameworks. The nuanced cultural perspectives permeating the French criminal justice landscape are examined to comprehensively understand the unique challenges and adaptations within the French context. The article also discusses the paradox between establishing European probation standards and the challenges in building trust among probation officers and stakeholders across European nations, offering potential strategies for improvement in European criminal justice cooperation. In conclusion, this article provides valuable insights into the complexities and challenges within European criminal law, offering directives for enhanced collaboration and effectiveness within the European legal landscape. It is a pivotal analysis contributing to informed discussions and policy decision-making within European criminal justice cooperation.","PeriodicalId":44523,"journal":{"name":"European Journal of Probation","volume":"41 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140886151","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Preface to the special edition on the application of the principle of mutual trust in matters of prison and probation","authors":"Luisa Ravagnani","doi":"10.1177/20662203241247662","DOIUrl":"https://doi.org/10.1177/20662203241247662","url":null,"abstract":"","PeriodicalId":44523,"journal":{"name":"European Journal of Probation","volume":"14 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140886045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Enforcement of alternative measures to detention in EU countries: The Italian situation","authors":"Monica Cali","doi":"10.1177/20662203241247666","DOIUrl":"https://doi.org/10.1177/20662203241247666","url":null,"abstract":"With Framework Decision 2008/947/JHA, about the application of the ‘ principle of mutual recognition to sentences and probation decisions with a view to the supervision of probation measures and alternative sanctions’, the European legislator intervened on the matter of criminal enforcement in order to coordinate those cases in which an ‘ alternative sanction’ is issued in one country and executed in a foreign country. This regulatory act, in addition to allowing the implementation of some founding principles of the European Union – in particular the mutual recognition of judicial decisions as well as the freedom of residence and movement in the various member countries – also pursues the express aim of ‘ strengthen the possibility of social reintegration of the convicted person, allowing him to maintain, among other things, family, linguistic and cultural ties, but also to improve the control of compliance with the probation measures and alternative sanctions with the aim of preventing recidivism, taking therefore consideration to the protection of victims and to the public, generally’.","PeriodicalId":44523,"journal":{"name":"European Journal of Probation","volume":"29 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140886044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Underuse of Framework Decision 2008/947/JHA in the Spanish legal system: The case of conditional release. A forthcoming change in trend!","authors":"Esther Montero Pérez de Tudela","doi":"10.1177/20662203241245968","DOIUrl":"https://doi.org/10.1177/20662203241245968","url":null,"abstract":"The enactment of Framework Decision 2008/947/JHA encounters numerous impediments, with Spain representing a particularly instructive case. Although transposed into Spanish legislation in December 2014, the utilisation of this instrument remains notably infrequent. This scarcity in application is, in part, due to its omission in cases of conditional release, where there is a marked preference for pre-transposition statutes in affording such benefits to EU citizens. Nonetheless, insights from the annual meeting of Penitentiary Surveillance Prosecutors herald a pivot towards a mandatory engagement with Framework Decision 2008/947/JHA. This anticipated shift portends a broader adoption of this legal mechanism in the coming years, especially concerning conditional release. This paper delves into the challenges inherent in implementing Framework Decision 2008/947/JHA, with a particular focus on the Spanish jurisdiction. Following a thorough examination of relevant data and scholarly discourse, this study proposes a suite of recommendations aimed at enhancing the utility of this legal tool.","PeriodicalId":44523,"journal":{"name":"European Journal of Probation","volume":"91 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140614428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Transfer of probationers under EU law: Rehabilitation and the question of legitimacy in the Netherlands","authors":"Adriano Martufi, Marloes van Noorloos","doi":"10.1177/20662203241244987","DOIUrl":"https://doi.org/10.1177/20662203241244987","url":null,"abstract":"This article analyses the thorniest issues raised by the implementation in the Netherlands of Framework Decision 2008/947/JHA, often referred to as ‘European Probation Order’. It delves into Dutch law and practice regarding mutual recognition of probation measures and alternative sanctions and analyses how the Netherlands deals with principled questions with respect to the legitimacy of the transfer of probationers, both as a mechanism in itself and with respect to the ultimate goal of promoting social rehabilitation. The analysis focuses on (i) the basic tenets of the Dutch implementation (goals, competent authorities and application in Dutch legal practice); (ii) challenging issues regarding the types of probation measures and alternative sanctions eligible for recognition and the implementation of refusal grounds and (iii) how procedural rights and informed consent of the sentenced person are dealt with in relation to social rehabilitation.","PeriodicalId":44523,"journal":{"name":"European Journal of Probation","volume":"94 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140600082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Foreigners in the probation system in Italy: Substantial discrimination and challenges","authors":"Luisa Ravagnani, Carlo Alberto Romano","doi":"10.1177/20662203241245946","DOIUrl":"https://doi.org/10.1177/20662203241245946","url":null,"abstract":"Foreigners in prison and probation are formally protected by the same rights that are applicable to Italian citizens but official statistics actually offer a different panorama. In fact, no social bonding, scarce or no financial resources, the lack of a permanent domicile and of any regular work activity, heavily affect the access of foreigners to probation regimes. The most evident and direct consequence is that more foreigners are kept inside prison walls than in the probation regime, while an indirect and still understudied aspect is the high percentage of suicides among foreigners in prison. The authors, after presenting the main difficulties experienced by foreigners in accessing the Italian probation system, consider the possible link with the suicide rate, and underline the need for further specific research into this worrying topic.","PeriodicalId":44523,"journal":{"name":"European Journal of Probation","volume":"50 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140600164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Finnish supervised probationary freedom as support for a desistance from crime","authors":"Eeva Järveläinen, T. Rantanen, Timo Toikko","doi":"10.1177/20662203231217175","DOIUrl":"https://doi.org/10.1177/20662203231217175","url":null,"abstract":"Electronic monitoring enables different, more transparent and open ways of enforcing sentences. This study examines Finnish Supervised Probationary Freedom (SPF) from the perspective of a desistance from crime. We analyze what meanings sentenced people give to SPF in terms of their desistance from crime, adopting the viewpoints of moderate social constructionism and rhetorical analysis. The research data was collected from interviews of 26 people who had experience with SPF. According to the results, SPF supervision and participation in SPF activities can create a framework for practicing a crime- and drug-free life. The person’s own desire to desist is the starting point. Support provided by prison and probation employees appears to be central to the construction of a new identity. Support from social work is necessary to complete SPF, and NGO support enhances reintegration into society during the SPF. However, the opportunities on offer for reentry are limited.","PeriodicalId":44523,"journal":{"name":"European Journal of Probation","volume":"40 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139251980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}