Description
Probation and Juvenile Criminal Responsibility
Book Summary
This work offers an exhaustive analysis of the measure of probation as a legal consequence of juvenile criminal responsibility within the Spanish legal system. The author, drawing on a strong academic foundation and judicial experience, examines the tension between the need for educational intervention and respect for criminal and procedural guarantees. The book delves into the implementation of this measure, highlighting its potential for close monitoring and individualized socio-pedagogical intervention, while also warning against the risks of its excessive application and the erosion of guarantees. Essential reading for understanding the current challenges in juvenile justice.
What is it about?
The research focuses on the measure of probation, regulated in the Juvenile Act as one of the legal consequences of juvenile criminal responsibility. The author analyzes how this measure allows for close monitoring of the minor, enabling individualized socio-pedagogical intervention and supervision of their activities. The work addresses two main conclusions: the need to clearly define the educational purpose of probation and the obligation to strengthen the criminal and procedural guarantees that apply to the minor. It critically examines how attempting to address all of a minor’s shortcomings by imposing rules of conduct in addition to those established in a sentence leads to non-compliance, especially in those with significant personal disorganization. Likewise, it warns that the relaxation of guarantees in juvenile criminal law, justified by the best interests of the child, cannot result in their diminution.
Main Topics
- Legal analysis of the probation measure in the Spanish legal system.
- Juvenile criminal responsibility and legal consequences.
- Tension between educational purpose and criminal and procedural guarantees.
- Individualized socio-pedagogical intervention and activity supervision.
- Critique of the hardening of sanctions and the risk management model.
- Issues regarding the non-compliance with rules of conduct by disorganized minors.
Who is it recommended for?
- This book is aimed at professionals in the legal and social intervention fields, such as judges, prosecutors, lawyers specializing in juvenile criminal law, social educators, psychologists, and social workers who work with juvenile offenders. It is also highly useful for researchers, academics, and students of Law, Criminology, and Social Work interested in juvenile justice, reintegration policies, and the debate on guarantees in the juvenile penal system.
What this book offers
- A detailed and updated analysis of the probation measure, based on current legislation and judicial practice.
- A critical reflection on the balance between educational purpose and respect for the minor's procedural guarantees.
- Conceptual tools to understand the limits of imposing rules of conduct on minors with severe disorganization issues.
- A solid foundation for rethinking juvenile delinquency intervention policies, moving away from punitivist approaches.
Technical Specifications
- Author: RUIZ REYES, MARIA CRUZ
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Topic: CRIME AND CRIMINOLOGY, CRIMINAL LAW AND PROCEDURE, CRIMINAL JUSTICE LAW, JUVENILE CRIMINAL LAW
- Collection: J.M. BOSCH EDITOR PENAL COLLECTION
- Binding: Paperback
- Edition date: December 2023
- Number of pages: 452
- Weight: 750 g
Editorial Review
This is a rigorous and necessary work that addresses one of the most complex measures in juvenile criminal law. The author, with her dual background as an academic and a substitute judge, offers a practical and well-founded perspective that enriches the debate on juvenile justice. Her critical approach toward the hardening of sanctions and her defense of an educational model with guarantees make this a reference text for those seeking to understand and improve interventions with juvenile offenders. Recommended for professionals who wish to delve into the available legal and pedagogical tools.