A Forward-Looking Foreword
OFFENDER RELEASE AND SUPERVISION: THE ROLE OF COURTS AND THE USE OF DISCRETION ___ (Martine Herzog-Evans ed., 2015).
4 Pages Posted: 16 Apr 2015
Date Written: April 16, 2015
This is a Foreword to Professor Martine Herzog-Evans' volume on offender release and supervision, a book that examines several post-incarceration release systems, principally in Europe and the US, and looks at the functioning of the various structures, which differ with respect to whether the releasing authority is a court or executive agency, whether release on supervision occurs automatically or through the exercise of discretion, and the like. In the Foreword, I look at and compare the structures using the perspective of therapeutic jurisprudence(TJ), examining, for example, whether a given legal structure ("bottle") does or does not fit well with the use of rehabilitative techniques ("wine" or "liquid") recommended by the TJ literature. The inquiry is whether the particular bottle is "TJ-friendly" in the sense of permitting the introduction of the TJ wine. Examples are drawn from traditional discretionary parole, automatic supervised release, the "judge of execution of sentence" schemes common in Europe and Latin America, and US tribal court provisions allowing for discretionary parole.
Keywords: therapeutic jurisprudence, TJ, parole, reentry, discretionary release, automatic release, comparative law
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