NCJ Number
14973
Journal
BULLETIN DE L'ADMINISTRATION PENITENTIAIRE Volume: 28 Issue: 1 Dated: (JANUARY-FEBRUARY 1974) Pages: 11-41
Date Published
1974
Length
31 pages
Annotation
DEVELOPMENT AND APPLICATION OF RULES APPROVED IN 1958 BY THE FIRST UNITED NATIONS CONGRESS FOR THE PREVENTION OF CRIME AND THE TREATMENT OF DELINQUENCY.
Abstract
THE PURPOSE OF THE RULES IS TO ESTABLISH STANDARDS FOR INCARCERATION WHICH CONFORM TO FUNDAMENTAL HUMAN RIGHTS AND WHICH PROMOTE TREATMENT OF INMATES BASED ON MODERN PRINCIPLES OF RESOCIALIZATION RATHER THAN ON PUNISHMENT AND REPRESSION. THE RULES INCLUDE PROVISIONS REGARDING THE GENERAL ADMINISTRATION OF INSTITUTIONS, UNFAIR DISCRIMINATION IN THE APPLICATION OF THE RULES, RESPECT FOR MORAL AND RELIGIOUS OPINIONS, LIVING CONDITIONS, DISCIPLINE, CONTACT WITH THE OUTSIDE WORLD, AND THE TRAINING AND ROLES OF PRISON STAFF. ALSO INCLUDED ARE SPECIFIC PROVISIONS REGARDING ALIENS, THE MENTALLY ABNORMAL, PREVENTIVE DETAINEES, AND PERSONS INCARCERATED FOR CIVIL RATHER THAN CRIMINAL REASONS. REPLIES BY 44 COUNTRIES TO A 1967 INQUIRY BY THE UNITED NATIONS INDICATE THAT FEW COUNTRIES HAVE BEEN DIRECTLY INFLUENCED BY THE RULES IN THEIR PENAL LEGISLATION. SOME COUNTRIES HAVE ENCOUNTERED LEGAL DIFFICULTIES IN ADAPTING THE RULES TO THEIR SYSTEMS. OTHER PROBLEMS INCLUDE A LACK OF ADEQUATE TRANSLATIONS OF THE RULES AND A LACK OF UNDERSTANDING BY OFFICIALS AND PUBLIC OF THE PURPOSE FOR THE RULES. FURTHERMORE, DEVELOPING COUNTRIES INDICATED A LACK OF FUNDS FOR PROPER FACILITIES AND PERSONNEL. PROPOSED MODIFICATIONS OF THE RULES INCLUDE EXTENDING THEM TO COVER OTHER CATEGORIES OF PERSONS, REVISING SOME PROVISIONS TO TAKE CURRENT PENAL PRACTICES INTO ACCOUNT, AND DISTINGUISHING MORE CLEARLY BETWEEN THOSE RULES BASED ON HUMAN RIGHTS AND THOSE DESIGNED TO ENCOURAGE EFFORTS AT RESOCIALIZATION. IT HAS ALSO BEEN PROPOSED THAT THE UNITED NATIONS GIVE THE RULES THE FORCE OF INTERNATIONAL LAW RATHER THAN SIMPLY THE STATUS OF RECOMMENDED STANDARDS. --IN FRENCH