By Öznur Sevdiren
The publication specializes in the most challenging parts of Turkish penal justice: the overreliance on custodial measures and a corresponding progress within the criminal inhabitants, and compares Turkey with significant eu nations during this recognize: England and Wales and Germany. The underlying query during the examine is the level to which criminal possible choices could be visible as actual possible choices to speedy custodial sentences.
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Additional info for Alternatives to Imprisonment in England and Wales, Germany and Turkey: A Comparative Study
57, Der Zweckgedanke im Strafrecht pp. g. see, von Birkmeyer, K. (1909) Studien zu dem Hauptgrundsatz der Modernen Richtung im Strafrecht, Leipzig, Engelmann, p. 17. 36 von Liszt, Der Zweckgedanke im Strafrecht, pp. 42–49. 37 In the face of the reality of prisons, as argued above, this consensus also implied the need for cutting down the ‘clientele’ of prison whose offending behaviour is rather occasional. 38 The ‘salvation’ of these criminals, it was believed, required the establishment of alternative measures in order to remove them from prison.
G. juveniles, inebriated offenders. The intellectual background of the probation order and its distinct origin in comparison to the continental ‘conditional sentence’ will be analysed in Chap. 3 in detail, a brief overview on the emergence of probation at this point is still however deemed necessary. Certain courts in these two common law jurisdictions assumed the power of suspending sentences in combination with the placement of the defendant under the supervision of a guardian. In the course of the supervision, conducted on an informal basis, periodical inquiries were to be made into the conduct of the offenders, and if the offender failed to comply with the obligations prescribed, the decision suspending the sentence might be revoked.
84–99, p. 92. 5 The Proliferation of Prison Alternatives: 2nd Period 31 terrorism. During the seventies many European countries increased the maximum penalties applicable to the respective crime types in their legislation. The ‘law and order’ legislation at the time was also backed by the judiciary, who pronounce more frequent and longer terms of imprisonment. 87 The almost exploding prison population led to two immediate results. One consequence was the massive increase in prison expenditure in virtually all western countries.
Alternatives to Imprisonment in England and Wales, Germany and Turkey: A Comparative Study by Öznur Sevdiren