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Book ChapterDOI

Decision-Making and Offender Supervision

01 Jan 2013-pp 51-96
TL;DR: In this paper, 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, and decides whom he will visit that day, have a talk with, probably write a report about and about whom he would advise the investigating judge or the courts on a sentence or an alternative to pre-trial detention.
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?
Citations
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Posted Content
TL;DR: In this article, the authors argue that the study of legal regulation can be further developed through an analysis of emotions because it can bring into sharper focus the social nature of regulation, and discuss the notion of regulatory law as an emotional process.
Abstract: This article argues that the study of legal regulation can be further developed through an analysis of emotions because it can bring into sharper focus the social nature of regulation. The article illustrates this point by discussing the notion of regulatory law as an emotional process. It then suggests various ways in which an analysis of emotions can promote understanding of a key issue in legal regulation, the role of structure and agency. The article concludes with a brief discussion of how existing social science research methods can be adapted to the study of emotions.

42 citations

Reference EntryDOI
26 Apr 2017
TL;DR: In the United States, the number of adults on probation and parole supervision increased from one million in 1980 to a peak of nearly 5.1 million in 2007, more than double the total number of inmates in local, state, and federal jails and prisons as discussed by the authors.
Abstract: Over the past half-century, the number of adults under criminal justice supervision in­ creased precipitously in some Western countries, with carceral control in the United States reaching an unprecedented scale. While much of the scholarly attention has been focused on the development of mass incarceration, new research focuses on the parallel expansion of mass probation and, more broadly, mass supervision. In the United States, the number of adults on probation and parole supervision increased from one million in 1980 to a peak of nearly 5.1 million in 2007, more than double the number of inmates in local, state, and federal jails and prisons. Estimates from Europe in the late 2000s sug­ gest that there were approximately 3.5 million on community sanctions, compared to 2 million incarcerated. Individuals on these sanctions serve out their initial sentences (or remaining time after release from jail or prison) while residing in the community under the supervision of a probation or parole officer.

20 citations


Cites background from "Decision-Making and Offender Superv..."

  • ...More broadly, the structure and use of community supervision in Europe is widely vari able (Boone & Herzog-Evans, 2013)....

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  • ...Some nations, in cluding France, Belgium, Spain, and Italy, have specialized sentencing implementation courts to oversee release decisions and supervision (Boone & Herzog-Evans, 2013)....

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Journal ArticleDOI
15 Feb 2019
TL;DR: In this article, the main results of an empirical research aiming to explain the evolution in recourse to and the duration of pre-trial detention in Belgium are presented, and a set of hypotheses are tested by analysing case files processed from 1993 to 2008 by investigating judges in three judicial districts (Brussels, Liege and Antwerp).
Abstract: This article presents the main results of an empirical research aiming to explain the evolution in recourse to and the duration of pre-trial detention in Belgium. A set of hypotheses was tested by analysing case files processed from 1993 to 2008 by investigating judges in three judicial districts (Brussels, Liege and Antwerp). Statistical models for factors associated with the decisions and durations observed were then established.

10 citations

Journal ArticleDOI
TL;DR: In this article, a vignette methodology was developed to explore the decision-making aspect of the breach process from a comparative perspective across a number of different European jurisdictions, and the vignettes were designed to explore two different types of breach processes: the process of breach that follows on from a breach of conditions of early release from prison and the process that follows a breach attached to the completion of an unpaid work order.
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)

9 citations


Cites background from "Decision-Making and Offender Superv..."

  • ...…detention, or alternatives to detention, these decisions are influenced by the characteristics of the offender, organizational aspects such as time constraints, and the type of information made available by other actors, for example, police or probation staff (Boone and Herzog-Evans, 2013: 63–67)....

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  • ...Our definition of relevant information drew upon factors that were identified in a previous review of influences of decision-making (Boone and Herzog-Evans, 2013)....

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  • ...In relation to sentencing in general, understood as a human and social process, the factors that influence decision making are broadly summarized as being related to the offender, the decision maker and/or organizational or cultural factors (Boone and Herzog-Evans, 2013: 73–76)....

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  • ...A comparison of the legal procedures of these countries involved in the COST Action showed that extreme variations exist in procedures, extent of discretion and outcomes in relation to breach and recall (Boone and Herzog-Evans, 2013; for recall so also European Journal of Probation 4(1))....

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  • ...…are contingent on factors primarily associated with the offender; the use of risk assessments is prominent and increasing, the social situation (e.g. housing, income) is important and the offender’s previous behavior has also been shown to be factor (Boone and Herzog-Evans, 2013: 82–86)....

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Journal ArticleDOI
15 Feb 2019
TL;DR: In this article, the authors present the result of a study on the evolutions du recours a and de la duree de la detention avant jugement in Belgium.
Abstract: Cet article presente les principaux resultats d’une recherche empirique s’efforcant d’expliquer les evolutions du recours a et de la duree de la detention avant jugement en Belgique. Un ensemble d’hypotheses a ete teste sur la base d’une analyse de dossiers geres entre 1993 et 2008 par les juges d’instruction de trois arrondissements (Bruxelles, Liege et Anvers) et de la realisation de modeles statistiques des facteurs associes aux decisions et durees observees.

7 citations

References
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Book
01 Jan 2003
TL;DR: In this paper, a profile of returning prisoners is presented, along with a discussion of the changing nature of Parole Supervision and Services, and the role of the victim's role in prisoner reentry.
Abstract: Preface 1. Introduction and Overview 2. Who's Coming Home? A Profile of Returning Prisoners 3. The Origins and Evolution of Modern Parole 4. The Changing Nature of Parole Supervision and Services 5. How We Help: Preparing Inmates for Release 6. How We Hinder: Legal and Practical Barriers to Reintegration 7. Revolving Door Justice: Inmate Release and Recidivism 8. The Victim's Role in Prisoner Reentry 9. What to Do? Reforming Parole and Reentry Practices 10. Conclusions: When Punitive Policies Backfire Afterword

1,520 citations

Book ChapterDOI
TL;DR: In this article, the authors trace the main themes of the governmentality literature, as developed by Michel Foucault and subsequent writers, and outline a series of related ideas about ''the social' as a realm of government; statistics and bio-power; actuarial forms of reasoning; and government-at-a-distance.
Abstract: The article traces the main themes of the `governmentality' literature, as developed by Michel Foucault and subsequent writers, and outlines a series of related ideas about `the social' as a realm of government; statistics and bio-power; actuarial forms of reasoning; and government-at-a-distance. It goes on to illustrate the criminological value of these ideas by means of an analysis of some of the governmental rationalities and technologies that are currently emerging in the field of crime control. These include `economic' forms of reasoning about crime and its control, the emergence of `the criminogenic situation' as a practicable object of government and the use of `technologies of the self' in penal settings. The final part of the article identifies some of the limitations and problems of the `governmentality' literature. It argues that studies of governmentality beg certain sociological questions; that the governmentality analytic is quite compatible with certain forms of sociological analysis; and t...

601 citations

Journal ArticleDOI
TL;DR: The authors traces the main themes of the ''governmentality' literature, as developed by Michel Foucault and subsequent writers, and outlines a series of related ideas about ''the social' as a realm...
Abstract: The article traces the main themes of the `governmentality' literature, as developed by Michel Foucault and subsequent writers, and outlines a series of related ideas about `the social' as a realm ...

560 citations

Journal ArticleDOI
TL;DR: Judicial sentencing decisions should be guided by facts, not by chance, but the sentencing decisions of experienced legal professionals are influenced by irrelevant sentencing demands even if they are blatantly determined at random.
Abstract: Judicial sentencing decisions should be guided by facts, not by chance. The present research however demonstrates that the sentencing decisions of experienced legal professionals are influenced by irrelevant sentencing demands even if they are blatantly determined at random. Participating legal experts anchored their sentencing decisions on a given sentencing demand and assimilated toward it even if this demand came from an irrelevant source (Study 1), they were informed that this demand was randomly determined (Study 2), or they randomly determined this demand themselves by throwing dice (Study 3). Expertise and experience did not reduce this effect. This sentencing bias appears to be produced by a selective increase in the accessibility of arguments that are consistent with the random sentencing demand: The accessibility of incriminating arguments was higher if participants were confronted with a high rather than a low anchor (Study 4). Practical and theoretical implications of this research are discussed.

386 citations

Book
01 Jan 1971
TL;DR: In this paper, a study of judges' mental processes involved in decision-making is presented, which is based on intensive interviews and on measures of the information-processing ability of seventy-one full-time judges in Ontario.
Abstract: Sentencing is not a neutral or mechanical act; it is a human process, highly charged affectively and motivationally. Sentencing decisions take place in a social environment of laws, facts, ideas, and people. This study of sentencing behaviour is primarily concerned with the mental processes involved in decision-making. It is based on intensive interviews and on measures of the information-processing ability of seventy-one full-time judges in Ontario. The work covers such topics as: problems of sentencing (particularly existing disparities); social and economic background of judges and their varying penal philosophies; the nature and measurement of judicial attitudes toward crime; punishment and related issues; prediction of sentencing behaviour based on attitude scales (which the author has constructed) and also on 'fact patterns perceived by judges'; and the impact of social and legal constraints on the sentencing process. The study concludes that there exists a very high correlation between a judges definition of situation and the sentence which he imposes and that while sentences meted out for a particular law violation under similar circumstances may differ among judges, judges are 'highly consistent within themselves.' Using these conclusions the author constructs a model of judicial behaviour and shows how this model can be used to predict and to explain sentencing and breaks new ground in the use of the social and behavioural sciences as sources of data to explain the sentencing process.

278 citations