Probation Decisions Research Articles

Intersectionality in probation: examining gender and race disparities in probation conditions and sentence length

This article uses the focal concern perspective to examine how extralegal factors like race, ethnicity, and gender affect probation outcomes and length. Utilizing a representative sample from Florida, the study employs cross-sectional regression analyses, including multinomial and ordinary least squares (OLS) models. Interaction effects are modeled to highlight the role of intersectionality in probation decisions. Results from this study reveal that gender and race disparities exist in the assignment of probation conditions and sentence length. Policy implications address judicial decision-making, disparities, and length of stay on probation.

Enforcement of alternative measures to detention in EU countries: The Italian situation

Enforcement of alternative measures to detention in EU countries: The Italian situation

The idea of mutual recognition of probation decisions within the European Union from the perspective of the State and the convicted person

In this paper the author addresses the issue of mutual recognition of probation decisions within the European Union from the perspective of the State and the convicted person. He characterizes the idea and general regulation of this aspect of cross-border cooperation in order to present the benefits and dangers of this institution for both entities. Through the analysis of legal acts, jurisprudence and reports on the practical application of these provisions, it points out the need for further development of international cooperation in criminal matters but also for changes in this area, putting forward the thesis that this institution is currently underestimated and underdeveloped in practical terms. The article contains a comprehensive characterization of both the formation of cooperation between European Union Member States in the area of mutual recognition of probation decisions and the principles on which it is based. It pays particular attention to the process of social resocialization and the influence of this institution on general and individual prevention. The analysis of the above issue will lead to postulates aimed at finding a remedy for at least some of the problems raised in the paper with the application of the institution in practice. The article is also a response to the accelerating process of globalization, the spreading of free movement of people within the European Union and the development trends of the Community, which implies a situation in which more and more crimes are committed by foreigners taking advantage of the openness of borders.

On the effect of the Chinese version of speedy trial and Plea bargaining pilot programs: observation from DUI cases in Fujian Province

Plea Bargaining is a central feature of the American criminal justice system. However, it did not exist in China until recently. In order to deal with caseload pressures and optimize legal resources, China started its own version of speedy trial and plea bargaining programs in 2014 and then expanded these two programs to national practice in 2018. Using a unique experiment conducted by the Supreme People’s Court and the Supreme People’s Procuratorate in China, I applied a difference-in-differences design to evaluate the reforms using data on 19,955 DUI cases tried in a pilot city and a control city located in Fujian Province, China. My results show that these programs helped to shorten the criminal disposition time in the pilot city. However, there is little evidence to support the proposition that speedy trials and plea bargaining resulted in leniency for defendants as measured by probation decisions as well as sentences that defendants served in jail. Finally, empirical results show that victims were less likely to be compensated after these two programs were carried out.

Cross-border cooperation in the execution of sentences between the Netherlands, Germany and Belgium: an empirical and comparative legal study on the implementation of EU framework decisions 2008/909/JHA and 2008/947/JHA

This study aims at comparing legal practices in the execution of sentences within the framework of cross-border cooperation between The Netherlands, Belgium and Germany. Based on quantitative and qualitative data, the implementation of the EU Framework Decisions 2008/909/JHA on the transfer of prisoners and 2008/947/JHA on the mutual recognition of judgments and probation decisions in the three countries is analyzed. Interview data with legal practitioners suggest that social rehabilitation, consents of the convicted individuals and the actual place of living, play an important role in the initiations of transfers. Empirical evidence that both Framework Decisions are increasingly instrumentalized for migration control purposes, as the current scientific debate suggest, is weak in the three case countries. The relatively small numbers of transfers of prisoners and judgements show, that the transfer instrument is still not implemented to its full potential. This study exemplifies remaining challenges connected to the principle of mutual trust in the daily practice of cross-border legal cooperation within the EU.

¿Fracaso del reconocimiento mutuo de resoluciones de libertad vigilada en España? Una reflexión de la situación de los condenados extranjeros de nacionalidad comunitaria

En este trabajo se analiza el nivel de aplicación del reconocimiento mutuo de resoluciones de libertad vigilada en España, hasta el momento muy escaso pese a que el número de beneficiarios potenciales de la medida (condenados extranjeros de nacionalidad comunitaria) es significativo. Para valorar las razones de esta falta de aplicación, se estudian, en primer lugar, los objetivos tanto de la Decisión Marco 2008/947/JAI como de la Ley 23/2014. A continuación se muestra como la rehabilitación social de los condenados y la protección de las víctimas y del público en general se ponen en relación crítica con la prevalencia de los procedimientos de expulsión de condenados comunitarios. Estas expulsiones siguen una lógica distinta, pensada en clave exclusivamente nacional. Su prevalencia en España ha convertido en innecesario el reconocimiento mutuo, puesto que buena parte de los condenados que podrían beneficiarse de él son expulsados. Surge así un sistema incoherente y contradictorio que no tiene en cuenta que el fin constitucional de la privación de libertad es la rehabilitación social del condenado.

¿Cuáles son las resoluciones de «libertad vigilada» a efectos del reconocimiento mutuo? Sobre las dificultades de trasposición de la Decisión Marco 2008/947/JAI al derecho español

This article analyses the transposition into Spanish law of Council Framework Decision 2008/947/JHA of 27 November 2008, on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions. The problems created by the lack of adaptation of the terms to the domestic law make it difficult to determine which sanctions and measures are eligible for mutual recognition, one of the factors contributing to the very low level of implementation observed in practice. With the aim of facilitating the enforcement of the sentence in the country of origin for the large number of potential beneficiaries (foreign convicted persons of EU nationality) of the mutual recognition of these measures in our country, these probation decisions need to be accurately identified, with detailed analysis of both the Framework Decision and the Spanish Law 23/2014, as well as the Government’s position regarding the transposition.

Restorative justice and probation decisions – an analysis of intentional assault cases in China

ABSTRACTThe restorative justice model focuses on amending offender-victim relations. Compared to Western countries, China's criminal justice policy has relied on both formal and informal mechanisms in dealing with criminal offending. Recently a victim-offender reconciliation (VOR) program has been codified in China to provide incentives for offenders and victims to resolve their disputes through court-guided mediation sessions. Using restorative justice as an interpretive framework and drawing upon 1000 minor intentional assault cases, this study examines the impact of core VOR concepts on probation decisions. Our analysis suggests that offender compensation and attitude were significantly related to the likelihood of receiving probation, and the defense attorney played an unexpected yet impactful role in shaping judges’ probation decisions. Theoretical and policy implications are discussed.

The Diverse Implications of EU Instruments for Legal Criminality of Political Reforms in Macedonia and Albania

After a period of relative stagnation, the past few months witnessed the adoption of a plethora of legislative instruments under the third pillar. These instruments can be seen as the third wave of third-pillar law, following the wave of measures adopted post-Maastricht and the second wave of measures adopted post-Amsterdam and Tampere. The third wave of third-pillar law extends to most major areas of European integration in criminal law. New legislation involves the harmonization of substantive criminal law (including the terrorism, organized crime and racism and xenophobia), mutual recognition (with measures such as the European Evidence Warrant and legislation on the recognition of probation decisions and the transfer of sentenced persons), the work of EU criminal justice bodies such as Europol and Euro just, and the development of standards to regulate the proliferation of third pillar mechanisms to collect, analyze and exchange personal data. By analyzing the background and content of these instruments, this article will assess their impact on the future development of EU criminal law and justice. As a very dangerous form that damage the economies of states, without a doubt considered and economic criminality, which caused by economic criminal action taken, as actions that impede business between business entities. All of these actions are considered as unlawful actions. DOI: 10.5901/mjss.2013.v4n9p253

Probation Measures and Alternative Sanctions in Europe: From the 1964 Convention to the 2008 Framework Decision

In 2008, the Council of the EU adopted the Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions, subsequently amended by the Framework Decision 2009/299/JHA of 26 February 2009. It replaces the 1964 Council of Europe Convention on the supervision of Conditionally Sentenced or Conditionally Released Offenders between Member States. This article observes how the new instrument will be more effective than the Convention on the supervision: a more efficient procedure would better achieve the objective of rehabilitation and should reduce discrimination in the granting of conditional measures to foreign sentenced persons. Furthermore, the article identifies some other interests of sentenced persons in the procedure and examines whether the Framework Decision takes these interests into account.

Rational probation decisions for juvenile delinquents

Assuming a risk of innocent conviction and fully rational individuals, the current study addresses the effects of immediate punishment and probation rules. Strict dominance of a probation rule requires that the judicial system is highly unreliable and, at the same time, learning over criminal careers is strong. Else, an optimal punishment scheme can always be based on either regularly offering probation or appropriate immediate punishments.

Improving Probation Decisions through Statistical Training

Much research in cognitive and social psychology has demonstrated that people often fail to incorporate statistical principles in making judgments and decisions. For example, people generally assign too little weight to base-rate information and too much weight to case-specific information. Probation officers are no exception. Two studies examined whether statistical training could increase the use of statistical principles in probation decisions. Study 1 found that novice probation officers trained on the law of large numbers were more likely than untrained officers to employ statistical principles in solving open-ended probation problems. Study 2 found that training novice probation officers on the law of large numbers increased their use of base-rate information on predictions about recidivism for 10 realistic probation cases, but only when the cases involved high risk. These results suggest that statistical training may improve probation decisions and judgments.