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NCJRS Abstract

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NCJ Number: 90712 Find in a Library
Title: Remarks on the Administrative Function of the Report on Penal Enforcement
Journal: Rassegna penitienziaria e criminologica  Volume:4  Issue:1-2  Dated:(January - June 1982)  Pages:35-60
Author(s): G Nespoli
Date Published: 1982
Page Count: 26
Format: Article
Language: Italian
Country: Italy
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.
Index Term(s): Corrections in foreign countries; Foreign criminal justice systems; Italy; Law reform; Rehabilitation
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