Probation and the philosophy of punishment

Abstract

With the important exception of critiques of rehabilitation, philosophers of punishment do not often have probation as their focus. This (relative) neglect is mutual: when probation policymakers, scholars and practitioners reflect upon their own work, practices and values, the insights of the philosophy of punishment are rarely among their chosen resources. This paper attempts to make some connections and to point to some ways in which a fuller engagement might shed a different light on some familiar questions in the philosophy of punishment and enrich thinking about the work of probation.

The penal narratives of community sentence and the role of probation: The case of the Wrocław model of community service

“…One way of analysing these consequences would be to draw on Duff’s (2001) argument and investigate the punishment modes of inclusion or exclusion, with the former being desired, as it leads to the notion of ‘criminal punishment as a communicative, penitential process that aims to persuade offenders to recognize and repent the wrongs they have done, to reform themselves, and so to reconcile themselves with those they have wronged’ (Duff, 2001: 175). The effects of punishment are not always equal to the intentions of the sentencing actors, as the essence of a punishment is also shaped by the manner of its implementation and the experiences of the offender (Canton, 2018). Walgrave (2004) says that it is the ‘mental location’ of the painfulness that counts, and even if there is no intention to inflict pain, there must be an awareness of the hardship of even reparative obligations by offenders.…”

The paths of offender rehabilitation and the European dimension of punishment: New challenges for an old ideal?

“…Finally, the occurrence of the term 'rehabilitation' in the Court's case law relates almost exclusively to custodial sanctions, whilst the potential impact of this concept on other types of punishment -such as financial or community sanctions -remains largely unexplored. 12 The aim here is to analyse the Court's case law whilst putting the Court's findings on rehabilitation within their context by relating them to claimed violations of specific Convention's rights. After all, the Court's arguments may well be influenced by the legal and factual characteristics of the adjudicated case and this must be taken into account when trying to summarize the ECtHR's views on a given topic.…”

“…55 Moreover, the option of retaining the requested person on the territory of the executing state is conditional upon the possibility of actually undertaking the implementation of the sentence in the issuing Member State. This means that, in the event of procedural or factual conditions preventing an enforcement of the foreign decision in the executing state under the terms of Article 4 (6), any consideration on rehabilitation should give way to the overarching priority of avoiding the impunity of the requested person 56 and the sentence will need to be enforced in the issuing state.…”

“…5 More recent approaches include a correctional model based on coercive therapeutic treatments aimed at 'healing' the offenders; and a less controversial approach, inspired by social learning, oriented towards resettlement (also labelled 're-socialization' or 'social rehabilitation'). 6 Finally, criminological research and practice have recently come up with the proposal of conceptualising rehabilitation as a right of the individual, irrespective of any utilitarian considerations and criminal policy concerns. 7 The reality of punishment, however, tends to escape conceptual straightjackets, thus making the above-mentioned categorization probably over-simplistic and non-exhaustive.…”

Evaluation On Probation: Developing Gender-Responsive And Jurisdictionally Appropriate Evaluation Systems For Offender Services In The British Isles

“…Thus, arguments for an integrated approach (Canton, 2018;Henley, 2018;Herzog-Evans, 2018;Williams, 2018) require the focus for probation to be on 'four forms of offender rehabilitation' (McNeill, 2012). In addition to the focus on individual-level psychological or personal change, legal or judicial rehabilitation is essential, alongside moral and political rehabilitation, which involves making reparation to the community, and social rehabilitation which involves "[r]ebuilding a social ecology of family, friends and contacts who can help to sustain a positive life-style" (Williams, 2018, p. 29).…”