The Rehabilitation Role of Punishment in Prisons in Italy. Theoretical Development and Sociological Considerations (original) (raw)
Related papers
The Rise and Fall of the Rehabilitative Ideal in Italian Criminal Justice
Since 1930, when the code of criminal law presently in force was enacted, Italian sentencing system has been profoundly affected by many reforms. As a result, the whole system came under attackasbeingineffective,uncertain,oftenhavingamerelysymbolicfunction. Thepaperfocuses on the reasons for the deception with the Italian criminal sanctioning system and on the solutions proposed to restore its credibility. One lesson that can be learned observing the Italian system in actionisthatanytheoreticalproject, concerning sentencingandsentenceexecution, hasalwaysto take into serious consideration the political and economic commitment that a system is ready to offer in order to implement it. KEYWORDS:criminal justice, rehabilitation
From Prison Bars to Society and Return: Some Reflections on an Italian Experience
International Journal of Humanities and Social Science, 2020
The construction of educational and professional growth paths during the period of detention represents a fundamental tool for promoting the personality of the sentenced person with a view to social reintegration. In Italy, the resources investment in implementation of didactic and cultural pathways implemented by the institution of University Penitentiary Poles (UPP), pursues a clear and innovative emancipatory intent which, against the mere painful, correctional and containing conception of the prison sentence, offers a plausible opportunity of ransom and recovery for restrained people. Starting from a theoretical reflection on the value of education as a vector of inclusion and social integration, this contribution aims to illustrate the current territorial configuration of UPPs, highlighting, at the same time, their favorable outcome and eventual critical issues.
Fight Against Recidivism in Italy: A Case-Study Analysis
2020
Reducing the rate of recidivism and promoting social and community (re)integration trajectories means supporting offenders to allow them to regain their place in society. It is through social reintegration programs, both inside and outside prisons, that the State, via the prison administration, tries to translate the dictates of article 27 of the Italian Constitution into pratictal terms, that is: "Punishment cannot consist in inhuman treatment and must aim at the rehabilitation of the convicted person".
Prison, recidivism, and alternative measures to detention in Italy over the past ten years
Rivista di Criminologia, Vittimologia e Sicurezza
article raises once again actual issues regarding prisons, recidivism, and alternative measures to detention. Indeed, prison unfortunately is still an institution reserved, in the great majority of cases, for the weak and marginalised population, with uncertain future prospects regarding social reinsertion. Therefore, the author presents again this contribution, using updated data, to help keep the debate going on these issues. It should be noted that this topic also came up during a conference held in Montreal on 26 th September 2017 at the International Centre for
Journal of Prison Education and Reentry
The contribution analyses the current Italian prison system, which has been called upon on to resolve its structural problems. The Council of Europe, in fact, in 2013 condemned Italy for inhuman treatment in its prisons. The principal accusation concerns the problem of overcrowding. The country has responded with solutions such as the application of the open system, which provides cells solely for overnight stays, and dynamic monitoring, an effective system for ensuring order in the institutions. These initiatives aim to promote re-educational activities and the social re-integration of prisoners. In addition, Italian institutions have made greater use of alternatives to custodial penalties in order to tackle overcrowding and to provide more opportunities for social re-integration.This contribution focuses on the need to increase prisoners’ employment opportunities. In fact, Italy seems to have neglected this area, which is fundamental for re-integration into the community sphere.
From the bottom of the bottle: justice, prison and social control in the Italian transition
The ‘conflict between politics and justice’ has been a central feature of the Italian ‘transition’ for reasons that touch on the essence of the so-called Second Republic. Apparently dominating the political agenda, it also functioned as a cover for a resurgence of coercive forms of social control in Italy. In response to the social transformations taking place throughout the western world, from the late 1980s the Italian prison system had been expanding and was used to target social marginal groups, especially foreigners and drug addicts. This paper examines how these changes took place, the juridical measures that gave rise to them and their political motivations in the period from the crisis of the First Republic to the declaration of a ‘state of emergency’ in the prison system which (at least for now) seems to have brought to a close the openly populist use of the criminal justice system. Here is an open access to the full text for the first 50 readers: http://www.tandfonline.com/eprint/7bsYM3apypp8u37xRMQ5/full
Space, Time and Interactions in the Daily Life of the Italian Prisons
美中法律评论, 2014
On the 8th of January 2013, the European Courts for Human Rights condemned Italy for the violation of Art. 3 of the ECHR. The structural conditions of the Italian prisons (overcrowding, high rates of pre-trial prisoners, etc.) represent a case of "State-torture". How was it possible to come to such a disturbing scenario? How can we situate the ECHR sentence within the last challenges in European society? Which are the connections between these structural ill-treatments and the everyday life in prison? The Antigone Association conducts a prison observatory activity since the end of the 90's, visiting prisons and collecting a great amount of qualitative and quantitative data. The paper (presented by some of the coordinators of such activity) aims to present a phenomenological description of what observed during the visits. The authors will focus on the evolutions in the organization of spaces, the recurring irrationalities in the use of time, the raising individualism among prisoners and the sense of powerlessness expressed by many prison officers. They will also underline the impact of some important reforms, about health, mentally ill offenders' treatment and recidivism. Daniela Ronco wrote the introduction and par. 1 of the present essay. She is Research Fellow at the University of Torino and coordinator of the Italian observatory on prison conditions of Antigone association. Research fields: Sociology of Penal Law, Prison Ethnography, and Alternatives to Prison (both on a national and comparative perspective). Giovanni Torrente wrote part 2 and the conclusion of the present essay. He is Research Fellow at the University of Torino and coordinator of the Italian observatory on prison conditions of Antigone association. He wrote Punishment and Recidivism. The Italian Case (UNICRI Publications 2009). Research fields: Sociology of Penal Law. Michele Miravalle wrote par. 3 of the present essay. He is a PHD candidate of University of Torino, Departement of Law and observer of the Italian observatory on prison condition of Antigone association. Research fields: Sociology of Total Institutions.
Geopolitical, Social Security and Freedom Journal
Article 27 of the Italian Constitution reads as follows: “Criminal responsibility is personal. The accused is not considered guilty until the final sentence. The penalties cannot consist of treatments contrary to the sense of humanity and must aim at the re-education of the offender. The death penalty is not allowed” (our translation). Fundamentally important is the international legislation on the rights of detained persons, which is based on the “Universal Declaration of Human Rights” (1948), stating in Article 5: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. This proposition is the cornerstone that affected all future directives concerning the protection of detained people. In Italy, the office for external penal execution, as a peripheral branch of the Ministry of Justice, is called to contribute, in addition to social security, to the reintegration and rehabilitation of sentenced persons. Obviously, this can only be possible t...
General Welfare System and penal Administration in Italy
Summary: §1. From the “Crispi” Act of 17th July 1890, nr. 6972, to the “Framework Act for the carrying out of the integrated system of interventions and social services” of 8th November 2000, nr. 328. §2. “Framework Act for carrying out the integrated system of interventions and social services” of 8th November 2000, nr. 328” §3. The national social Plan, the regional social Plans, the area Plans §4. The duties of the Penitentiary Administration and of its local agencies §5. For an accomplished inter-institutional collaboration