爱尔兰的缓刑和假释:V. Guerin, S. McCarthy 著,都柏林:Clarus Press. 2022. pp. 380.€45.00 (pbk).ISBN: 9781911611608

Q2 Social Sciences Howard Journal of Crime and Justice Pub Date : 2023-12-14 DOI:10.1111/hojo.12549
Geraldine Cleere
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The chapter continues to explore the early frameworks for the current Parole Board and the Probation Service in Ireland and charts their development, concluding with an examination of modern discourse in relation to both. This provides the context to understand contemporary evolutions within the area, that are discussed in more depth throughout the remainder of the book.</p><p>Chapter 3 explores the concept of offender assessment. It focuses, in particular, on the notion of risk, beginning with an interesting and insightful discussion of the history and development of risk assessment and proceeds to examine the ways in which risk assessments have been used in Ireland in sentencing, probation and parole practices. The discussions are critical in nature, outlining the various uses of risk assessment but also highlighting the dangers of relying too heavily on such reports in decision making – emphasising the need to ‘understand not only the role and purpose of these instruments but also their limitations’ (p.79).</p><p>Probation work is the focus of Chapter 4 which opens by considering the various conceptualisation of ‘probation’. This exploration finds that probation is a concept that encompasses a variety of meanings, including a system in and of itself, a supervisory sanction and a practice. 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The discussions are critical in nature, outlining the various uses of risk assessment but also highlighting the dangers of relying too heavily on such reports in decision making – emphasising the need to ‘understand not only the role and purpose of these instruments but also their limitations’ (p.79).</p><p>Probation work is the focus of Chapter 4 which opens by considering the various conceptualisation of ‘probation’. This exploration finds that probation is a concept that encompasses a variety of meanings, including a system in and of itself, a supervisory sanction and a practice. 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引用次数: 0

摘要

虽然爱尔兰的缓刑和假释实践有一个重要的历史,可以追溯到一个多世纪以前,但相当缺乏全面的文献来研究它们在爱尔兰刑事司法系统中的地位、它们的法律框架和它们固有的实践。现存的少量文献大多是学术性的,这使得维维安·Guerin和肖恩·麦卡锡的书在方法上是独一无二的。爱尔兰的缓刑和假释:法律和实践为刑事司法系统的这两个重要方面提供了宝贵而全面的见解,主要关注每个方面的法律和实践方面。在前言中,作者注意到缺乏关于缓刑和假释的实质性文本,并认为那些“参与提供,交付和管理缓刑和假释服务的人需要并且应该得到工具来尽其所能地完成他们的工作……本书旨在为缓刑和假释专业人员以及研究这些领域和相关领域的人提供这些重要工具的集合”(第1页)。这是一项雄心勃勃的事业。有了如此多样化的议程,很容易达不到目标,但作者全面实现了这一目标。本书借鉴了两位作者作为刑罚系统从业者的经验,以实现这一目标,并对爱尔兰假释和缓刑实践的相关立法、判例法、国际标准和研究提供了清晰的分析。作者在整本书中涵盖了大量的材料,但设法以一种清晰、合乎逻辑、易于理解的方式呈现出来。书中章节的组织允许读者以连贯的方式跟随书的路径,或者使用特定章节作为参考点,以获取特定信息的小块。在这个简短的评论范围内,不可能公正地对待Shane McCarthy和Vivian Geiran所涵盖的广泛材料和观点。因此,以下是对本书的结构、核心见解和结论的简要总结。本书开篇全面介绍了支撑现代制度的法律、政策和实践的发展历史,主要侧重于爱尔兰的视角,但对英国和美国的比较发展进行了必要的探索。它概述了现代惩罚和量刑方法的发展,从标准化和报复性的方法到更加个性化和康复的精神,这种精神支撑了“人道主义和改革机制”的发展(第30页),成为缓刑和假释的准单一系统。本章继续探讨爱尔兰目前假释委员会和缓刑服务的早期框架,并绘制其发展图表,最后审查与两者有关的现代话语。这为理解该领域内的当代演变提供了背景,这将在本书的其余部分进行更深入的讨论。第三章探讨了罪犯评价的概念。它特别侧重于风险的概念,首先对风险评估的历史和发展进行了有趣而深刻的讨论,然后审查了爱尔兰在量刑、缓刑和假释实践中使用风险评估的方式。讨论是关键性的,概述了风险评估的各种用途,但也强调了在决策中过分依赖这种报告的危险,强调需要“不仅了解这些工具的作用和目的,而且了解它们的局限性”(第79页)。缓刑工作是第4章的重点,该章通过考虑“缓刑”的各种概念开始。这一探索发现,缓刑是一个包含多种含义的概念,它本身是一种制度,是一种监督制裁,是一种实践。从本章中可以清楚地看出,爱尔兰缓刑官员所从事的工作是多方面和复杂的,在他们的整个工作中需要考虑广泛的原则、模式、做法和方法。第五章的重点是社区服务,并与其他章节探讨社区服务的定义、法律依据、国际标准和政策建议。作者强调有机会效仿其他司法管辖区的例子,将社区服务作为一种转移性制裁,而不是在已经判处监禁的情况下允许作为替代刑罚。本书开篇全面介绍了支撑现代制度的法律、政策和实践的发展历史,主要侧重于爱尔兰的视角,但对英国和美国的比较发展进行了必要的探索。 它概述了现代惩罚和量刑方法的发展,从标准化和报复性的方法到更加个性化和康复的精神,这种精神支撑了“人道主义和改革机制”的发展(第30页),成为缓刑和假释的准单一系统。本章继续探讨爱尔兰目前假释委员会和缓刑服务的早期框架,并绘制其发展图表,最后审查与两者有关的现代话语。这为理解该领域内的当代演变提供了背景,这将在本书的其余部分进行更深入的讨论。第三章探讨了罪犯评价的概念。它特别侧重于风险的概念,首先对风险评估的历史和发展进行了有趣而深刻的讨论,然后审查了爱尔兰在量刑、缓刑和假释实践中使用风险评估的方式。讨论是关键性的,概述了风险评估的各种用途,但也强调了在决策中过分依赖这种报告的危险,强调需要“不仅了解这些工具的作用和目的,而且了解它们的局限性”(第79页)。缓刑工作是第4章的重点,该章通过考虑“缓刑”的各种概念开始。这一探索发现,缓刑是一个包含多种含义的概念,它本身是一种制度,是一种监督制裁,是一种实践。从本章中可以清楚地看出,爱尔兰缓刑官员所从事的工作是多方面和复杂的,在他们的整个工作中需要考虑广泛的原则、模式、做法和方法。第五章的重点是社区服务,并与其他章节探讨社区服务的定义、法律依据、国际标准和政策建议。作者强调有机会效仿其他司法管辖区的例子,将社区服务作为一种转移性制裁,而不是在已经判处监禁的情况下允许作为替代刑罚。盖兰和麦卡锡详细地考虑了恢复性司法的概念。在第6章开始时,他们花时间考虑了概念的定义和参数,然后详细讨论了实践模式和关键利益相关者-强调了国家机构合作的必要性,以确保恢复性实践方案有效运作,同时维护受害者的权利。恢复性实践曾经被认为是刑事司法中的一种新实践,现在已被证明是一种以受害者为中心的实践,应被视为缓刑实践的必要和组成部分,而不是“缓刑官工具箱中的可选额外内容”(第189页)。第7章介绍了假释的背景、历史、法律和实践,将假释定位为一种提供“希望和改变机会”的康复倡议(第193页)。本文探讨了《2019年假释法》生效所带来的变化和影响,并在一定程度上为本书的未来做了准备。作者还考虑了缓刑服务的作用和违反假释的处罚。其余章节用于解决一些辅助问题,包括青少年和电子监控。事实上,这些最后的章节很有趣,因为它们考虑了许多问题,其中许多问题在本质上是相当当代的,反映了与缓刑和假释有关的新趋势。其中许多问题突出并加强了对跨部门合作和跨机构参与的需求,这是贯穿整本书的主题。总的来说,这本书对任何对爱尔兰缓刑或假释感兴趣的人,或者对刑事司法感兴趣的人来说,都是一本重要的资源。这本书是全面的在其范围内,是写在一个可访问的格式,反映了研究和考虑,清楚地支撑写这篇文章的过程。此外,两位作者的丰富经验在他们提供的讨论和批评中是显而易见的。这些见解和讨论对法律从业人员、缓刑和假释官员、犯罪学或刑事司法的学者和学生都很有价值。
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Probation and parole in Ireland: Law and practice By V. Guerin, S. McCarthy, Dublin: Clarus Press. 2022. pp. 380. €45.00 (pbk). ISBN: 9781911611608

While the practices of probation and parole in Ireland have a significant history, dating back over a century, there is a considerable lack of comprehensive literature examining the place they have taken in the Irish criminal justice system, their legal framework and their inherent practices. What little literature exists is mostly academic in nature, which makes Vivian Guerin and Shane McCarthy's book unique in its approach. Probation and parole in Ireland: Law and practice contributes a valuable and comprehensive insight into both of these important aspects of the criminal justice system, focusing primarily on the legal and practical aspects of each.

In the Introduction, the authors note the lack of a substantive text on probation and parole and argue that those ‘involved in providing, delivering and managing probation and parole services need and deserve the tools to do their jobs to the best of their ability … this book is aimed at providing a collection of those vital tools for probation and parole professionals, as well as for those who study in these and related fields’ (p.1). This is an ambitious undertaking. With such a diverse agenda it would be easy to fall short of the mark, yet the authors comprehensively achieve this goal. The book draws on the experience of both authors as practitioners in the penal system to achieve this aim and to provide a clear analysis of relevant legislation, case law, international standards and research underpinning the practices of parole and probation in Ireland. The authors cover a significant amount of material throughout the book, yet manage to present it in a clear, logical and accessible manner. The organisation of the book chapters allows the reader to either follow the path of the book in a coherent way or to use particular chapters as reference points for smaller nuggets of particular information.

It would be impossible within the scope of this short review to do justice to the wide range of material covered and the perspectives offered by Shane McCarthy and Vivian Geiran. Therefore, what follows is an effort to give a brief summary of the book's structure, core insights and conclusions.

The book opens with a comprehensive history of the development of the law, policy and practices that underpin the modern system, focusing primarily on the Irish perspective but with a necessary exploration of comparative developments in the UK and the US. It outlines the development of modern punishment and sentencing approaches from standardised and retributive ones to a more individualised and rehabilitative ethos that underpinned the growth of ‘humanitarian and reforming mechanisms’ (p.30) into a quasi-singular system of probation and parole. The chapter continues to explore the early frameworks for the current Parole Board and the Probation Service in Ireland and charts their development, concluding with an examination of modern discourse in relation to both. This provides the context to understand contemporary evolutions within the area, that are discussed in more depth throughout the remainder of the book.

Chapter 3 explores the concept of offender assessment. It focuses, in particular, on the notion of risk, beginning with an interesting and insightful discussion of the history and development of risk assessment and proceeds to examine the ways in which risk assessments have been used in Ireland in sentencing, probation and parole practices. The discussions are critical in nature, outlining the various uses of risk assessment but also highlighting the dangers of relying too heavily on such reports in decision making – emphasising the need to ‘understand not only the role and purpose of these instruments but also their limitations’ (p.79).

Probation work is the focus of Chapter 4 which opens by considering the various conceptualisation of ‘probation’. This exploration finds that probation is a concept that encompasses a variety of meanings, including a system in and of itself, a supervisory sanction and a practice. What is clear from this chapter is the multifaceted and complex nature of the work undertaken by probation officers in Ireland, with a breadth of principles, model, practices and approaches to consider throughout their work.

Chapter 5 focuses on community service and as with other chapters explores the definition, legal basis, international standards and policy recommendations in relation to community service. The authors highlight the opportunity to follow the example of other jurisdictions in using community service as a diversionary sanction rather than being permitted as a substitute sentence when a custodial sentence has already been imposed.

The book opens with a comprehensive history of the development of the law, policy and practices that underpin the modern system, focusing primarily on the Irish perspective but with a necessary exploration of comparative developments in the UK and the US. It outlines the development of modern punishment and sentencing approaches from standardised and retributive ones to a more individualised and rehabilitative ethos that underpinned the growth of ‘humanitarian and reforming mechanisms’ (p.30) into a quasi-singular system of probation and parole. The chapter continues to explore the early frameworks for the current Parole Board and the Probation Service in Ireland and charts their development, concluding with an examination of modern discourse in relation to both. This provides the context to understand contemporary evolutions within the area, that are discussed in more depth throughout the remainder of the book.

Chapter 3 explores the concept of offender assessment. It focuses, in particular, on the notion of risk, beginning with an interesting and insightful discussion of the history and development of risk assessment and proceeds to examine the ways in which risk assessments have been used in Ireland in sentencing, probation and parole practices. The discussions are critical in nature, outlining the various uses of risk assessment but also highlighting the dangers of relying too heavily on such reports in decision making – emphasising the need to ‘understand not only the role and purpose of these instruments but also their limitations’ (p.79).

Probation work is the focus of Chapter 4 which opens by considering the various conceptualisation of ‘probation’. This exploration finds that probation is a concept that encompasses a variety of meanings, including a system in and of itself, a supervisory sanction and a practice. What is clear from this chapter is the multifaceted and complex nature of the work undertaken by probation officers in Ireland, with a breadth of principles, model, practices and approaches to consider throughout their work.

Chapter 5 focuses on community service and as with other chapters explores the definition, legal basis, international standards and policy recommendations in relation to community service. The authors highlight the opportunity to follow the example of other jurisdictions in using community service as a diversionary sanction rather than being permitted as a substitute sentence when a custodial sentence has already been imposed.

Geiran and McCarthy consider the concept of restorative justice at length. At the outset of Chapter 6 they take time to consider the definition and parameters of the concept before discussing the models of practice and key stakeholders in detail – highlighting the need for the co-operation of state agencies to ensure that the restorative practice programmes work effectively while vindicating the rights of the victim. Once considered a novel practice in criminal justice, restorative practice is now a proven, victim-centred practice that should be considered a necessary and integral part of probation practice as opposed to being an ‘optional extra in the probation officer's toolkit’ (p.189).

Chapter 7 presents the background, history, law and practices of parole, situating parole as a rehabilitative initiative which offers ‘hope as well as an opportunity to change’ (p.193). The changes and implications brought forth by the commencement of the Parole Act 2019 are explored, and act to future-proof the book to an extent. The authors also consider the role of the probation service and the sanctions for breach of parole.

The remaining chapters are used to address some ancillary issues that include juveniles and electronic monitoring. Indeed, these final chapters are interesting in that they consider a multitude of issues, many of which are quite contemporary in nature, reflecting newer trends emerging in relation to probation and parole. Many of these issues highlight and reinforce the requirement for cross-sectoral collaboration and interagency engagement, a theme that is prevalent throughout the entire book.

Overall, this book is a significant resource to anyone interested in probation or parole in Ireland, or indeed with any interest in criminal justice. The book is comprehensive in its scope and is written in an accessible format that reflects the research and consideration that clearly underpin the process of writing this text. Moreover, the vast experience of the two authors is evident in the discussion and critique they offer throughout. The insights and discussion would be valuable to legal practitioners, probation and parole officers, academics and students of criminology or criminal justice.

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来源期刊
CiteScore
2.30
自引率
0.00%
发文量
41
期刊介绍: The Howard Journal of Crime and Justice is an international peer-reviewed journal committed to publishing high quality theory, research and debate on all aspects of the relationship between crime and justice across the globe. It is a leading forum for conversation between academic theory and research and the cultures, policies and practices of the range of institutions concerned with harm, security and justice.
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