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International recommendations emphasize the importance of community sanctions and parole system in order to solve the overcrowding problem. They also state the necessity to create a predictable punishment system to reduce the arbitrary sentences. During the interviews judges expressed that prisons' overcrowding is an administrative problem of National Administration of Prisons, they don't assuming any responsibility in relation with this Assumption 3.
Under these circumstances, it is quite impossible to see the courts as a possible factor to control the dynamic of prisons population. Despite this punitive discourse, judges are interested in finding appropriates methods to decrease offenders' risk solving offenders' criminogenic needs especially when they impose a noncustodial sanction Objective 2, Assumption 3.
For offenders convicted to noncustodial sentences on probation judges try to impose some obligations in accordance with offenders' criminogenic needs such detox, attending structured programs for working with offenders developed by probation service etc. Assumption 3. Our study revealed that judges have a rational approach of sentencing policy, minimizing or even excluding the possibility to be influenced in their decisions by factors as mass media, public opinion or personal experiences.
Also they are focused strictly on procedures from inside the court and don't take into account the institutional impact of sentences prison overcrowding. Despite of this, judges are very interested to obtain information regarding offender' s personality, level of education, professional background, psycho-social identity, being focused on external motivation of offender. When they impose noncustodial sentences probation judges are interested not only on punitive side of sentence but also take care about the offenders' rehabilitation imposing some obligations to be respected during probation term.
Our study may represent a starting point for further explorations on judges' decisional mechanism as a premise of increasing sentences' predictability. Askew, S. Transforming learning: individual and global change. London; Washington: Cassell. Beckett, D.
The correctional system should produce better citizens undergoing the
Life, work and learning : practice in postmodernity. London; New York: Routledge. Boehme-Nessler, V. Pictorial law: modern law and the power of pictures. Heidelberg, New York: Springer. Danziger, S. Extraneous factors in judicial decisions. Proceedings of The National. Drobak, N. Harris, R. A cognitive psychology of mass communication 5th ed. New York: Routledge.
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Kuhn, A. What can we do about prison overcrowding? European Journal of Criminal Policy and Research 2 , Mac Crimmon, K. Decision making and problem solving in M. Dunnette Ed.
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