NCJ Number
80609
Journal
Rassegna di Studi Penitenziari Volume: 28 Issue: 1 Dated: (January/February 1978) Pages: 1-13
Date Published
1978
Length
13 pages
Annotation
The criteria for granting parole (conditional release) in Italy are discussed in this article that refers to details of recent Italian law.
Abstract
The new law gives the court of appeals the authority to grant or withhold permission for conditional release. The problem lies in the danger of the court's confusing the criteria for the granting of conditional release with the criteria for setting the original sentence. That is, decisions whether or not to grant conditional release should be based on the conduct of the inmate while incarcerated, not on the seriousness or circumstances of the crime nor the offender's behavior in prior life. An example is cited of an inmate who had had an unblemished record in the 9 years he was imprisoned yet was refused conditional release because he was judged too violent and dangerous, especially by his victims and previous acquaintances. It is recalled that rehabilitation is a major goal of imprisonment and therefore of decisions regarding release from prison. Thus, there is no reason to keep a rehabilitated prisoner in prison since the purpose of the sentence has already been accomplished through his rehabilitation.