Non-Compliance: A Human Approach and a Hair Splitting Legal System

European Journal of Probation, Vol. 4, No. 1, pp. 46-61, 2012

17 Pages Posted: 17 Mar 2012

See all articles by Martine Herzog-Evans

Martine Herzog-Evans

University of Reims - Law Faculty, France

Date Written: January 1, 2012

Abstract

This article reviews the French system of recall: paradoxicallly, for a system tightly bound by complex rules, a great deal of discretion is left to judges (particularly those responsible for sentence enforcement). Building on the initial findings from her current research, the author argues that juges de l'application des peines generally have a rehabilitative approach to sanctioning non-compliance, for example, taking offenders' personal circumstances and individual 'merit' seriously. She fears that non-compliance may soon become a political issue.

Keywords: therapeutic jurisprudence, breach, community work, consistency, discipline, discretion, electronic monitoring, furlough, individualisation, probation, rehabilitation, juge de l'application des peines, prison escape, prosecutor, recall, release, remission, supervision, suspended sentence

JEL Classification: K10, K14, K19, K40, K42, K49

Suggested Citation

Herzog-Evans, Martine, Non-Compliance: A Human Approach and a Hair Splitting Legal System (January 1, 2012). European Journal of Probation, Vol. 4, No. 1, pp. 46-61, 2012, Available at SSRN: https://ssrn.com/abstract=2024833

Martine Herzog-Evans (Contact Author)

University of Reims - Law Faculty, France ( email )

57 bis rue Pierre Taittinger
Reims, 51100
France

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
40
Abstract Views
1,032
PlumX Metrics