Vol.III, No.2, 2012

Editorial

PROBATION junior TEAM

Abstract: We are on our 3rd volume 2no of PROBATION junior and we are excited yet again to bring to your attention four new interesting articles, three of them dealing with Romanian criminal justice and one tackling upon a general interest topic. We are opening this number with a research on the various amendments in the legislation regarding the protection of juvenile offenders. Except the well known principle that prohibits juvenile inmates to cohabit with adult inmates, previous european legislation has had no provisions on juvenile inmates. The new legislation regarding prisons includes no less than 4 rules in direct connection with the situation of juvenile inmates: rule 35-1 to 35-4 of the European Prison Rules. Analyzing the new rules we are to notice that this evolution is certainly welcome but not sufficient enough. A thorough analysis on the French case study discloses an interesting situation resulted from the way this legislation was implemented in the Member States.

Key word: editorial

Full article in English:

The influence of Prisons European Provisions regarding the protection of offenders

Nadia BEDDIAR

Abstract: European Prison Rules adopted by EU Member States in 2006 is the judicial instrument that lays down the main principles in custodial sentences. This rules are translated in a general consensus with regard to the improvement of detention conditions in Europe; this is due to the setting up of a minimum standard in respect of detention conditions. Although juvenile convicts are taken in account, the european rules show some weak points that affect mainly the harmonization of different prison practices in Member States, reducing thus the protection of the rights of detainees. Except the well known principle that prohibits juvenile inmates to cohabit with adult inmates, previous european legislation has had no provisions on juvenile inmates. The new legislation regarding prisons includes no less than 4 rules in direct connection with the situation of juvenile inmates: rule 35-1 to 35-4 of the European Prison Rules. Analyzing the new rules we are to notice that this evolution is certainly welcome but not sufficient enough. A thorough analysis on the French case study discloses an interesting situation resulted from the way this legislation was implemented in the Member States.

Key words: juvenile delinquency, prison

Full article in French:

A first step toward knowing crime. Case study

Geanina Giovana DUICĂ

Abstract: Case studies are scientific research strategies that have a didactic and educational role giving examples of already existing models and theories and that sometimes contribute to the creation of new theories. Analyzing in detail the persons from a psychological point of view, determining the factors that contribute to their success or failure, identifying problems and suggesting solutions in order to achieve positive results and assessing situations are all aspects of case study. The rehabilitation center draws the attention to researchers, that’s because their wish to understand psychological dimensions of those who are in this kind of environment. A better understanding of the personality of juvenile inmates ensures predictability of their behaviour in social environment. Some social and demographic factors influence and justify in one way or other delinquent behaviour, case studies helping us to better understand all this.

Key word: juvenile delinquency

Full article in Romanian:

Fundamental characteristics of mafia clans action. Manslaughter does not exclude an iter criminis

Neculae ZAMFIRESCU

Abstract: Mafia clans generates external circumstances and acts of criminal action that emerge from fundamental laws, essential concepts such as fraternity, as a form of union and collectively shared responsibility, respect, honesty, reconciliation, trust, honor, faith in the protection of the leader, as a form of intra reconciliation and building positive self-image, cleanliness, purity as a form of control and rule of sanction. The person who respects the fundamental principles of clan culture becomes a member of honor, trust, wisdom, faith, that is, real member of the clan, a true brother. Who does not respect these principles may be declared traitor and expelled from the clan. The whole philosophy of life based on clan culture opposition, ritual purity representing the observance of the order and harmony in compliance with the model and ritual impurity, invisible but spiritually stronger, representing the deviation from the model, thus breaking the balance through a series of default laws of behaviour and conduct, whose validity has been thoroughly verified by experience.

Key words: criminality, mafia

Full article in Romanian:

The relationship between education and increasing the chances of reintegration after release of convicts

Ioana (Toma) BAUMGARTEN

Abstract: This article tackles aspects related to education and the role that this plays in the lives of young inmates and the reasons why education occupies a fundamental place in their process of reintegration. The relationship between the level of education of young inmates and their criminal behavior is also highlighted. Criminal activity researches confirm that there is a link, either direct or indirect between the criminal behavior and the educational dimension of offenders. Results of the researches presented in this article clearly show the relationship between the low level of education of young inmates and their criminal behaviour.

Key words: inmate, reintegration, human behaviour

Full article in Romanian: