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NCJ Number: 90917 Add to Shopping cart Find in a Library
Title: Do Prosecuting Magistrates Have a Prison Policy?
Journal: Revue de Droit Penal et de Criminologie  Issue:4  Dated:(April 1983)  Pages:335-372
Author(s): F Close
Date Published: 1983
Page Count: 38
Sponsoring Agency: National Institute of Justice/
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Language: French
Country: Belgium
Annotation: Too often, prosecuting magistrates become prisoners of their own jurisprudence and of administrative practices and lose sight of criminal justice objectives.
Abstract: The public believes more in repressive measures than in prophylactic measures to reduce criminality, and the current Belgium penal system is based on imprisonment. Prosecuting magistrates are empowered to order subsidiary imprisonment, conditional freedom, or probation as alternatives to incarceration, but they frequently view these options negatively and fail to realize that they may be a criminal's right. Efforts should be made to humanize and personalize the criminal system. The same magistrate responsible for imposing a sentence should be authorized to make all further court dispositions for a convicted criminal. All possible steps should be taken to assure the coherence of prosecuting magistrates' prison policy and to clarify the conditions appropriate for allowing subsidiary imprisonment or conditional freedom. The preliminary inquest reveals to the presiding judge the personality, environmental conditions, and rehabilitative potential of the accused, and all of this information should be reviewed when probation is being considered. Footnotes are provided.
Index Term(s): Alternatives to institutionalization; Belgium; Foreign criminal justice systems; Judicial discretion; Probation; Prosecution; Prosecutorial discretion
Note: Report presented at the Prison Conference (Association Syndicale des Magistrats) Namur, November 6, 1982
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