Beatriz Tébar

Bio: Beatriz Tébar is an academic researcher. The author has contributed to research in topics: Common law & Revocation. The author has an hindex of 2, co-authored 2 publications receiving 8 citations.

Revoking Early Conditional Release Measures in Spain

Abstract: In this article we examine how early conditional release measures for offenders are revoked in Spain. For this purpose we analyse the legal framework of revocation, paying special attention to the criteria and the procedures legally established. We also take a look to the practice of revocation by discussing relevant statistics and the case law on this subject. Finally, we raise some critical points on the Spanish system of revocation suggesting some changes inspired by the principle of revocation as a last resort.

Decision-Making and Offender Supervision

Abstract: A probation officer sits by his fax machine or telephone in the morning and receives information from the police about offenders who have been arrested the night before. He has to decide whom he will visit that day, have a talk with, probably write a report about and about whom he will advise the investigating judge or the courts on a sentence or an alternative to pre-trial detention. Who is it going to be? How is he going to decide? Another probation officer has a client fail to show up for supervision — not for the first time. When does she decide to start the breach procedure? What influences her decision? Who else is involved in the final decision? A judge or committee has to ponder whether to release an offender who has served half his sentence. What are the criteria that guide this person or body, and by which agencies and by whose advice are they influenced?

Using vignette methodology to research the process of breach comparatively

Abstract: Comparative research related to any aspect of the process of breach in either the pretrial, sentencing or release phases is relatively rare. Comparative studies of decision making in the specific context of breach process are particularly lacking. One reason for the dearth of research in this area is the many challenges presented by comparative research across different jurisdictions. This article focuses on the development of a vignette methodology to explore the decision-making aspect of the breach process from a comparative perspective across a number of different European jurisdictions. The vignettes are designed to explore the decision-making aspects of two different types of breach process – the process of breach that follows on from a breach of conditions of early release from prison and the process that follows a breach of conditions attached to the completion of an unpaid work order. The article begins by contextualizing the research in debates about the relationship between compliance, legitimacy and Rising prison populations. It critically examines the nature of vignette methodology and then discusses the specific challenges of using vignettes in comparative research as well as the development, piloting and evaluation of the decision-making vignettes in focus. We conclude by discussing some of the challenges we faced and particularly our challenge in terms of the development of the methodology – enhancing the comparability of the findings. (Less)

Popular punitivism and cultural mediation: The case of Spain

Abstract: In the last decade, an increasing number of scholars have discussed and articulated embracement of popular punitivism within Spain. The discourse while vital to the study of popular punitivism has missed an important element, specific to the cultural mediators present within the nation. As the current discourse has missed this vital component, the intent of this article is to examine how a post-Franco Spain emerged to embrace elements of popular punitivism, most notably the use of prisons, while embracing a penal structure and philosophy that is reintegrative at its core. As such, it is offered that the cultural factors present within the nation have enabled it to mitigate some of the most harmful characteristics of popular punitivism

Prisoner resettlement in Spain : good practices for early-released prisoners and prisoners lost in transition that fully serve their sentence

Abstract: The Spanish Constitution establishes that prison sentences should be aimed at rehabilitation and resettlement. According to this principle, the Spanish prison rules provide a progressive system of enforcement of prison sentences that promotes supervised early release as a way to facilitate reintegration in the community. The process of reintegration should start in prison –where criminogenic needs should be tackled– and continue in the community, addressing financial, family and job settlement issues. This ideal system seems to work effectively with prisoners that are early released. These prisoners benefited from the professional supervision of the probation system and from the help of third sector organizations that work in partnership with the penitentiary system. However, there is an important shortcoming of the Spanish system, because a relevant part of prisoners are only released after having served the full sentence and therefore are excluded from this transitional return to the community.

Imprisoned women and professional intervention in Spain

Abstract: Women deprived of freedom present some profiles and specific problems that distinguish them from the male prison population. The aim of this investigation is to evaluate how these gender differences are presented in the different observations and practices of the professionals who are involved in prison establishments. This will be done by means of a qualitative study with the participation of 22 professionals who work in three Spanish detention centres: Zuera (Zaragoza), Ponent (Lleida) and Palma (Mallorca). The results of the analysis show two main professional positions: the discourse and praxis that is present in the question of gender and the position that reproduces the patriarchal cultural patterns. Among the proposals for improvement revision of notions and prison treatment plans for women that are more appropriate to their specific needs are necessary.