Alternative sentences to imprisonment: The symptom of an impossible reform?
Mouhanna, Christian
Alternative sentences to imprisonment: The symptom of an impossible reform? - 2018.
55
The concrete application of the law of 15 August 2014, and notably the provisions instituting alternative sentences to imprisonment, clearly demonstrates the difficulty of breaking with a criminal justice system which is increasingly governed by the imperatives of productivity and speed, with all of the consequences associated with this acceleration: decisions taken in an ‘automated' manner, the “de-individualisation” and unsuitability of such decisions, and the impossibility of ‘stepping back’ from individual situations for the purposes of closer analysis, particularly in cases of multiple repeat offences. The failure of these alternative sentences, which can be measured in quantitative terms alone, in fact conceals an inability on the part of the judicial system to adopt a means of functioning which is not limited to ‘producing' criminal justice responses without taking account of their impact on defendants and their rehabilitation.
Alternative sentences to imprisonment: The symptom of an impossible reform? - 2018.
55
The concrete application of the law of 15 August 2014, and notably the provisions instituting alternative sentences to imprisonment, clearly demonstrates the difficulty of breaking with a criminal justice system which is increasingly governed by the imperatives of productivity and speed, with all of the consequences associated with this acceleration: decisions taken in an ‘automated' manner, the “de-individualisation” and unsuitability of such decisions, and the impossibility of ‘stepping back’ from individual situations for the purposes of closer analysis, particularly in cases of multiple repeat offences. The failure of these alternative sentences, which can be measured in quantitative terms alone, in fact conceals an inability on the part of the judicial system to adopt a means of functioning which is not limited to ‘producing' criminal justice responses without taking account of their impact on defendants and their rehabilitation.
Réseaux sociaux