NCJ Number
90712
Journal
Rassegna penitienziaria e criminologica Volume: 4 Issue: 1-2 Dated: (January - June 1982) Pages: 35-60
Date Published
1982
Length
26 pages
Annotation
The restrictions on certain administrative powers contained in the Report on Penal Enforcement reflect the changed relationship between the individual and the Italian state.
Abstract
In the areas of rehabilitation and discipline of criminals and law and order in general, discretionary administrative and technical authority has been limited. Emphasis is on rehabilitating the incarcerated criminal. To that end, the Report deals with the possibility of grouping prisoners together in order to facilitate rehabilitation, and with general preventive methods. At the same time, the Report reflects a conflict between ministerial and prison policy. An in-depth study of the structural aspects of the Report should be conducted which covers principles of managerial decisionmaking and their application to penal and prison jurisdictions. Such an analysis will demonstrate not only the stark distinctions in the positions of the detained subject, State jurisdiction, and State administration, but also the impossibility of adopting the proposed scheme of civil law in the future because of the restricted role of the state.