Probation as a tailor-made measure in the Juvenile Justice System

Esther Fernández Molina from Universidad de Castilla-La Mancha, María José Bernuz Beneitez and Fátima Pérez Jiménez from Facultad de Derecho, Universidad de Málaga

Abstract:


Along the story of juvenile justice, probation has been a common feature amongst the open-institutional measures on which the Juvenile Judge has relied on; basically because in theory, its educational contents and the advisory role of the probation officer allows for a better adjustment of the legal intervention to the youth’s circumstances and evolution. In the present study we report the results of an empirical research conducted simultaneously in three Spanish provinces, namely Zaragoza, Malaga and Toledo. The overall objective of the study was to grasp in detail how parole is applied in order to better understand how it settles in practice. One of the principal aims of this study is to analyze if the adoption of probation succeeds in individualizing the response given to juvenile offenders, that is, to the psycho-social circumstances (at the time the juvenile commits the crime) and to the evolution to which the juvenile is subjected throughout the enforcement process. The results of this investigation suggest that in spite of the alleged special responses to juvenile offenders – which in principle should take into account the particular circumstances of the juveniles --, we observe the existence of certain homogeneity conditions about the interventions.

Keywords:


Prison, Juvenile justice, Probation.

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Revista Española de Investigación Criminológica (REIC)
ISSN: 1696-9219
Criterios LATINDEX: 33 de 36
Índice de impacto: 0.153
4/22 (1er cuartil) ámbito derecho penal y procesal IN-RECJ