NCJ Number
26478
Date Published
1974
Length
215 pages
Annotation
COMPARATIVE ANALYSIS OF THE EVOLUTION AND FUNCTIONING OF JUDICIAL SUPERVISION OF THE POST-CONVICTION PROCESS IN FRANCE, ITALY, POLAND, PORTUGAL, AND WEST GERMANY, AND THE NEED FOR SIMILAR REFORM IN THE SWISS SYSTEM.
Abstract
ITALY WAS THE FIRST, IN 1930, TO SIMULTANEOUSLY LEGISLATE ADMINISTRATIVE SECURITY MEASURES, WIDE-RANGING DISCRETION FOR CRIMINAL JUDGES, AND JUDICIAL CONTROL OVER THE CORRECTIONAL PROCESS. IN 1941, A FEW YEARS AFTER SWEEPING PRISON REFORM, PORTUGAL CREATED. CORRECTIONAL TRIBUNALS TO MODIFY AND/OR CORRECT PRISON SENTENCES. THE CONTINUOUS IMPLEMENTATION OF CORRECTIONAL REFORMS WHICH BEGAN IN FRANCE AFTER THE SECOND WORLD WAR CULMINATED IN 1958 THE DESIGNATION OF 'JUDGES DE L'APPLICATION DES PEINES' (LITERALLY JUDGES SUPERVISING CRIMINAL SENTENCES) WITH BROAD STATUTORY POWERS TO SUPERVISE THE CORRECTIONAL PROCESS. POLAND PROVIDED FOR THE CREATION OF CORRECTIONAL TRIBUNALS IN ITS 1969 CRIMINAL CODE, WHILE GERMAN CRIMINAL PROCEDURE PROVIDES FOR THE REGULAR REVIEW OF THE NATURE OF SENTENCES AND CONDITIONS OF INCARCERATION OR SUPERVISION. IT IS SUGGESTED THAT THE SWISS CRIMINAL JUSTICE SYSTEM, WHICH ALLOWS VERY LIMITED CONTROL OVER SENTENCES OF PROBATION AND JUVENILE INSTITUTIONALIZATION, SHOULD BE REFORMED TO INCLUDE CONTROL OVER MORE SPECIFIC AREAS OF THE CORRECTIONAL PROCESS (SUCH AS CLASSIFICATION AND PLACEMENT OF THE OFFENDER, PAROLE, AND INMATE REHABILITATION) AND JURISDICTION OVER NON-INSTITUTIONAL SENTENCES. AN EIGHT-PAGE BIBLIOGRAPHY IS PROVIDED. --IN FRENCH...ELW