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NCJ Number: 51474 Find in a Library
Title: DISCIPLINARY POWER AND PENITENTIARY ADMINISTRATION, ITALY
Journal: RASSEGNA DI STUDI PENITENZIARI  Volume:28  Issue:4  Dated:(NOVEMBER/ DECEMBER 1977)  Pages:703-710
Author(s): G NESPOLI
Corporate Author: Ministero di Grazia E Giustizia
Italy
Date Published: 1977
Page Count: 8
Sponsoring Agency: Ministero di Grazia E Giustizia
Rome, Italy
Format: Article
Language: Italian
Country: Italy
Annotation: THIS STUDY DISCUSSES THE LIMITATIONS THAT WERE IMPOSED UPON ITALIAN CORRECTIONAL PERSONNEL IN DISCIPLINING PRISONERS TO PROTECT PRISONER RIGHTS AND PREVENT ABUSES OF POWER.
Abstract: CURRENT PENOLOGICAL POLICIES IN ITALY HAVE TOTALLY REJECTED THE CONCEPT OF PUNISHMENT OF CRIMINALS IN FAVOR OF REHABILITATION PROGRAMS AS A RECOGNITION OF PRISONER RIGHTS. PENAL LAWS DEFINE PAINSTAKINGLY THE KINDS OF DISCIPLINARY MEASURES CORRECTIONAL PERSONNEL, ARE PERMITTED TO TAKE AGAINST PRISONERS AND THE PRISON SITUATIONS TO WHICH SUCH MEASURES MAY APPLY. FURTHERMORE, PRISONERS ARE GIVEN THE RIGHT TO APPEAL EVEN SUCH LIMITED DISCIPLIARY MEASURES, WHICH MUST BE KEPT IN ABEYANCE UNTIL THE APPEAL IS DECIDED. CORRECTIONAL PERSONNEL ARE HELD ACCOUNTABLE TO A SUPERVISORY MAGISTRATE WITH REGARD TO THE MANNER IN WHICH THEY USE THEIR DISCIPLINARY POWERS. HOWEVER, AN ADVERSARY RELATIONSHIP BETWEEN CORRECTIONAL PERSONNEL AND SUPERVISORY MAGISTRATES MUST BE AVOIDED, AS THIS MAY LEAD TO THE COMPLETE POWERLESSNESS OF PRISON AUTHORITIES, OF WHICH PRISONERS MAY TAKE ADVANTAGE. THE DELICATE SITUATION OF CORRECTIONAL PERSONNEL IS SUCH THAT THEIR EFFICIENCY IS THREATENED BY TOO MANY LIMITATIONS OF THEIR DISCIPLINARY POWERS, WHILE, ON THE OTHER HAND, DISCRETIONARY POWERS GIVEN TO THEM MIGHT RESULT IN CURTAILMENT OF THE RIGHTS OF PRISONERS. --IN ITALIAN. (LGR)
Index Term(s): Abuse of authority; Correctional personnel; Correctional reform; Corrections management; Italy; Penology; Prisoner's rights
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51474

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