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Enforcement of Offender Supervision in Europe

Understanding Breach Processes

Ingenaaid Engels 2017 9781138215153
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Samenvatting

This book provides a comparative analysis of the process of breach across ten different European jurisdictions by identifying and elaborating a number of key analytical themes through which the different systems can be compared and evaluated. It is informed by and hopes to advance the research activities of the COST Action IS1106 on Offender Supervision in Europe, particularly the Action’s work on developing new comparative methodologies to examine the process of decision-making involved in the breaching of offenders for non-compliance.

This volume consists of country chapters and thematic chapters. Analyses are based on exhaustive reviews of the literature available in each jurisdiction as well as the results of an empirical pilot study to provide a unique and valuable insight into current practice as well as enhancing our understanding of the contingencies and vagaries of the processes of breach as they exist in both civil and common law European jurisdictions. The key themes and emerging concerns that are explored include: the roles and responsibilities of the different actors involved in the breach process; the degree and nature of discretion exercised by decision-makers; and legitimacy, due process and procedural requirements of breach processes both from a pan-European and from a comparative perspective.

This book will be of interest to criminal lawyers and criminologists, policy makers, criminal justice practitioners, probation workers and students of criminal justice studies across Europe. Comparative insight into the decision-making processes of breach across Europe will also be of interest to American, Canadian and Australian audiences seeking comparisons with their own systems.

Specificaties

ISBN13:9781138215153
Taal:Engels
Bindwijze:ingenaaid
Aantal pagina's:268
Uitgever:Routledge
Druk:1
Verschijningsdatum:9-11-2017
Hoofdrubriek:Juridisch
ISSN:
Jongbloed:Europees recht

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Over Miranda Boone

Miranda Boone is a Professor of Criminology at the University of Leiden, the Netherlands. Until May 2017 she worked as a Professor of Penology and Penitentiary Law at the University of Groningen and as a Senior Lecturer in Criminology and Criminal Law at the University of Utrecht, the Netherlands. She was co-chair of the Working Group on Decision-Making of the COST Action IS1106 on Offender Supervision in Europe (2012–2016)

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Over Niamh Maguire

Niamh Maguire is a Lecturer in Criminology at Waterford Institute of Technology, Ireland. She is a founding member of the ESC Working group on Sentencing and Penal Decision and a member of the ESC Working Group on Community Sanctions and Measures. Niamh was co-chair of the Working Group on Decision-Making of the COST Action IS1106 on Offender Supervision in Europe (2012–2016).

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Inhoudsopgave

PART A
1. Introduction: Comparing breach processes: Aims, concepts, methodology and figures (Miranda M. Boone and Niamh Maguire)
2. Fairness issues in the breach process: European perspectives (Christine Morgenstern, Consuelo Murillos and Luisa Ravagnani)
3. Parties, roles and responsibilities (Ester Blay, Miranda M. Boone and Ineke Pruin)
4. Discretion and professionalism in a breach context (Kristel Beyens and Anders Persson)
5. Legitimacy, fairness and justice in breach processes: Comparative perspectives (Anthea Hucklesby, Niamh Maguire, Maria Anagnostaki and Jose Cid)
6. Conclusion: Understanding breach processes: Major themes, insights and questions for the future (Niamh Maguire and Miranda M. Boone)

PART B
7. Breach of work penalties and conditional release in Belgium (Kristel Beyens and Veerle Scheirs)
8. Non-compliance and the breach process in England and Wales (Anthea Hucklesby)
9. Revocation and recall in Germany: Legal structures and first insights into decision-making processes (Ineke Pruin)
10. Breach processes and community punishment in Greece (Maria Anagnostaki)
11. Non-compliance and breach processes in the context of community service orders and early release: The Republic of Ireland (Niamh Maguire)
12. Breach Process in the Context of Alternative Measures in Italy (Luisa Ravagnani, Alessandra Zaniboni and Nicoletta Policek)
13. Breach of community punishment in Lithuania (Alfredas Laurinavicius and Laura Ustinaviciute)
14. Revocation and recall in the Netherlands (Miranda M. Boone and Maaike M. Beckmann)
15. Breach procedure, revocation and recall in Spain (Ester Blay, Jose Cid and Consuelo Murillo)
16. Breach Processes in Sweden (Anders Persson)

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