Community sentences and their territory: The territorialities of criminal law and the French probation system
Type de matériel :
59
Although criminal law remains underestimated by geographers, space can be conceived as playing an actual part in the sentencing process. Etienne Cahu’s work has shown that the caseload of the criminal jurisdiction as well as the geographical origin of the defendant or the victim represent a crucial factor in the French criminal procedure (2017). Drawing from this analysis, I here argue that judges consider space not only as an indicator of origin but also as a territory in which the sentence has to be served. Focusing on three kinds of community sentences which answer to the same legal requirements in the French judicial system, the paper first underscores that these sentences are not homogeneously used and that local customs can be identified. Then, in order to understand what produces these differences, the discussion turns to the perception of space by those who determine the sentence. Relying on semi-structured interviews with judges and probation counsellors, I show that the spatial framework of the sentence is a major issue of concern for them. Thus, their choices can be restricted by the administrative context of their jurisdiction, in particular by the availability of halfway houses. But their decision is also based on their own perception of space, which they conceive at the same time as a potential cause for recidivism and as an agent of punishment.
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