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Journal ArticleDOI

Non-compliance in France: a human approach and a hair splitting legal system

01 Mar 2012-European journal of probation (SAGE Publications)-Vol. 4, Iss: 1, pp 46-62
TL;DR: In this article, the authors present a review of the French system of recall, arguing that a great deal of discretion is left to judges, particularly those responsible for sentence enforcement, and that non-compliance may soon become a political issue.
Abstract: This article reviews the French system of recall: paradoxically, for a system tightly bound by complex rules, a great deal of discretion is left to judges (particularly those responsible for sentence enforcement). Building on the initial findings from her current research, the author argues that juges d'application des peines generally have a rehabilitative approach to sanctioning non-compliance, for example, taking offenders' personal circumstances and individual ‘merit’ seriously. She fears that non-compliance may soon become a political issue.

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Citations
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Book ChapterDOI
24 Jun 2004

14 citations

Book ChapterDOI
01 Jan 2013
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?

12 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 "Non-compliance in France: a human a..."

  • ...Some countries seem to have rather loose attitudes regarding non-compliance (Herzog-Evans, 2012), while other countries seem to have rather punitive attitudes (Padfield and Maruna, 2006; Weaver et al., 2012)....

    [...]

Journal ArticleDOI
TL;DR: In this paper, the authors deal with the sentence feasibility with a special focus on electronic monitoring, and test the "six month limit" idea among practitioners, before the Prison Law was implemented, to determine whether they tailored their decisions accordingly; how they initially welcomed the reform and in particular whether they thought that a two years "mesure sous ecrou" was feasible; whether they had actually implemented the new two year limit and whether this had had an effect on how they perceived the six month absolute maximum.
Abstract: This paper deals with the sentence feasibility with a special focus on electronic monitoring. The purposes of this research were first to test the "six month limit" idea amongst practitioners, before the Prison Law was implemented; second to determine whether they tailored their decisions accordingly; third, how they initially welcomed the reform and in particular whether they thought that a two years "mesure sous ecrou" was feasible; lastly, whether they had actually implemented the new two year limit and whether this had had an effect on how they perceived the six month absolute maximum. The conclusions put forward some reasons for this limit from the professional's point of view.

8 citations


Cites background or methods from "Non-compliance in France: a human a..."

  • ...In a context where practitioners want measures „to work‟, they may be inclined to ignore noncompliance or to have a rather lenient attitude towards it (Herzog-Evans, 2012)....

    [...]

  • ...JAP only recall if there is a repeat violation (Herzog-Evans, 2012), adopting the same gradual approach advocated by Huckelsby (2009) who herself borrows from Braithwaite‟s „regulatory pyramid‟ (Braithwaite, 2002)....

    [...]

Journal ArticleDOI
TL;DR: In this article, the authors deal with the sentence feasibility with a special focus on electronic monitoring and test the "six month limit" idea among practitioners, before the Prison Law was implemented, to determine whether they tailored their decisions accordingly; how they initially welcomed the reform and in particular whether they thought that a two years "mesure sous ecrou" was feasible; lastly, whether they had actually implemented the new two year limit and whether this had had an effect on how they perceived the six month absolute maximum.
Abstract: This paper deals with the sentence feasibility with a special focus on electronic monitoring. The purposes of this research were first to test the ‘six month limit’ idea amongst practitioners, before the Prison Law was implemented; second to determine whether they tailored their decisions accordingly; third, how they initially welcomed the reform and in particular whether they thought that a two years ‘mesure sous ecrou’ was feasible; lastly, whether they had actually implemented the new two year limit and whether this had had an effect on how they perceived the six month absolute maximum. The conclusions put forward some reasons for this limit from the professional's point of view.

3 citations

References
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Journal ArticleDOI
TL;DR: In this article, the authors investigated whether French probation services had an overall idea of what it takes to desist and whether they helped offenders with obstacles to desistance, and their opinions were contrasted to those of other practitioners and the views of desisters.
Abstract: French probation services operate without much knowledge of criminological literature. Thus they have never heard of desistance. This research aimed at verifying whether they nonetheless had an overall idea of what it takes to desist and whether they helped offenders with obstacles to desistance. Their opinions were contrasted to those of other practitioners and the views of desisters. Despite the methodological limitations of this small scale study, one can nonetheless attempt to formulate a few conclusions: French probation services have a good idea of what it takes to desist, but have neither the capacity nor the will to effectively help offenders to do so. Their perception is for the most part confirmed by desisters. However, they differ on several desistance factors such as peers and budget. Another French trait is revealed: both practitioners and desisters think that Making Good (Maruna, 2001) is irrelevant. Some cultural factors are suggested in order to try and explain this surprising discovery.

22 citations


"Non-compliance in France: a human a..." refers background in this paper

  • ...Conversely, in other cases JAP complained that the probation service insisted rather (Herzog-Evans, 2011c and forthcoming); it appears to us that JAP are overall more rehabilitative than probation officers....

    [...]

  • ...This sentence is called ‘Suivi socio-judiciaire’ (literally: ‘social and judicial supervision’ – hereafter SSJ) (Lavielle, 1999; Castaignède, 1999; Herzog-Evans, 2011b)....

    [...]

  • ...723-15 s.), or during the execution of the sentence or measure (Herzog-Evans, 2011b)....

    [...]

Book
01 Jan 2011

14 citations


"Non-compliance in France: a human a..." refers background in this paper

  • ...Conversely, in other cases JAP complained that the probation service insisted rather (Herzog-Evans, 2011c and forthcoming); it appears to us that JAP are overall more rehabilitative than probation officers....

    [...]

  • ...This sentence is called ‘Suivi socio-judiciaire’ (literally: ‘social and judicial supervision’ – hereafter SSJ) (Lavielle, 1999; Castaignède, 1999; Herzog-Evans, 2011b)....

    [...]

  • ...723-15 s.), or during the execution of the sentence or measure (Herzog-Evans, 2011b)....

    [...]

Journal ArticleDOI

14 citations

Book ChapterDOI
24 Jun 2004

14 citations

Journal ArticleDOI
TL;DR: French prison based probation services merged with their community based counterparts in 1999 as discussed by the authors, which was aimed at placing the service under the wing of prison services and to reduce the influence of the judiciary.
Abstract: French prison based probation services merged with their community based counterparts in 1999. This reform was aimed at placing the service under the wing of prison services and to reduce the influence of the judiciary. Despite still adhering to their rehabilitative goals and to a one-to-one pre-Martinson type of supervision, French probation services have long abandoned social work. Their exceptionally heavy caseload, a prevailing prison thinking, their newly acquired judicial work and managerialism explain this evolution. French probation services present an odd mix of old traits, insularism, and denial of recent scientific progress, with penal transferring, modern management and frenetic law reforming. All this has generated an identity crisis along with work-related stress.

9 citations