“The progressive reduction of the use of imprisonment: the Spanish case” José Cid Universidad Autónoma de Barcelona 'REDUCING THE USE OF IMPRISONMENT IN SENTENCING & PENAL DECISION-MAKING' University of Edinburgh (8-9 June 2017)

Outline Discuss the common way of measuring the use of imprisonment Explain the reduction of the use of imprisonment in Spain What future for imprisonment?

How to measure the use of imprisonment? The dominant measure: number of prisoner per 100,000 inhabitants. But: if we want to know whether imprisonment is use as a sanction, then it seems that the measure of the use of imprisonment should be related with admissions to prison. When we compare rates countries taking into account combination of criteria, for example prison admissions and length of imprisonment, prison rankings may change.

Prison population per 100,000 inhabitants. EU (2015) Source: Space 1

Prison admissions per 100,000 inhabitants. EU (2014) Source: Space 1

Length of imprisonment. EU 2014 Source: Space 1

Combined index of the use of imprisonment EU (2014-2015) Combined index: length of imprisonment and admissions to prison

The reduction of the use of imprisonment in Spain during democracy Spain experienced a dual trend with respect imprisonment: increasing the prison population and decreasing admissions to prison. Many factors contributed to the reduction of prison admissions: Europeanization Criminalization of non-serious crimes Crime-reduction

Evolution of the number of imprisoned per 100,00 inhabitants Evolution of the number of imprisoned per 100,00 inhabitants. Spain (1980-2016)

Evolution of prison admissions per 100,000 inhabitants Evolution of prison admissions per 100,000 inhabitants. Spain (1980-2016)

Factors that explain reduction of the use of prison: 1. Europeanization Influence of the ECHR. The Spanish Constitutional Court assumed the liberal conception about the use of pre-trial detention of the ECHR and therefore judges and courts reduced the use of this form of imprisonment. Influence of the Council of Europe. New Criminal Code (1995) increased the number of alternatives to prison and extended the threshold of alternatives to prison sentences up to two years. Alternatives had a decarceration effect.

Admissions to prison in pre-trial detention. Spain (1980-2014) Admissions to prison in pre-trial detention. Spain (1980-2014). Percentage over admissions

Factors that explain reduction of the use of prison: 2. Criminalization As many countries across the world, Spain has experienced a process of criminalization of new forms of crime, such as IPV and traffic offences. The process of criminalization of non-serious offences in combination with an increasing power for judges to impose alternatives have reduced the percentage of prison sentences

Evolution of convictions and admissions to prison. Spain (1980-2015)

Factors that explain reduction of the use of prison: 3. Crime-reduction Although number of crimes detected by police has not suffered a big reduction, there are different data that show that some serious crimes –with more risk to produce pre-trial detention and prison sentences- have been reducing during this period.

Offences recorded. Spain (1980-2016) Offences recorded. Spain (1980-2016). Number of offences per 100,000 inhabitants Source: Spanish Home Office; Catalan Home Office and Redondo & Garrido, Principios de Criminología, 4ª ed., 2013, p. 207.

Evolution of 4 crimes. Spain (1980-2015) Number of offences per 100,000 inhabitants   1990 1995 2000 2005 2010 2015 MURDER - 1 1,2 0,85 0,62 RAPE 4,6 4,3 4 5 ROBBERY 276 219 234 207 212 136 BURGLARY 188 237 243 Sources: European Sourcebook and Spanish Home Office.

What future for imprisonment? Not a very good future (I think) Imprisonment is not a very prestigious sentence, for utilitarian and humanitarian reasons. It’s very expensive. It lose meaning when serious crimes are always less prevalent.

Prisons (I think) are going to evolve to be more communitarian But, in the meantime: Prisons (I think) are going to evolve to be more communitarian Research underlines that maintaining social bonds during and after imprisonment is relevant for desistance, therefore: Prisons will need the community to do their rehabilitative work (external sources for the motivation to change) Policies aimed at putting resettlement as a main concern of the prison system will be more prevalent

Note This presentation takes some ideas that appear in those papers that are forthcoming: Cid, J.; Andreu, A. (forthcoming). European criminal policy and Spanish prison practice: understanding confluences and gaps. In: T. Daems, L. Robert (eds) Europe in prisons. London: MacMillan. Cid, J (forthcoming). ¿Un derecho penal sin pena de prisión? In: J. Silva et al. (eds.). Libro Homenaje a Santiago Mir Puig. Barcelona.

References (main) AEBI/DELGRANDE/MARGUET (2015) “Have community sanctions and measures widened the net of the European criminal justice systems?”, Punishment and Society, vol. 17, n. 5 DÍEZ RIPOLLÉS (2011) “La dimensión inclusión/exclusión social como guía de la política criminal comprada”, Revista electrónica de ciencia penal y criminología,, vol. 13, art. 12 DURLAU/NAGIN (2011) “Imprisonment and crime. Can both be reduced?”, Criminology and public policy, vol. 10, n. 1, p. 14. EISNER (2003) “Long-term historical trends in violent crime”, Crime and Justice, 30, pp. 83 y ss. NAGIN/CULLEN/JONSON, (2009) “Imprisonment and reoffending”, Crime and Justice, vol. 38, n. 1, SAMPSON/LAUB (1003) Crime in the making. Pathways and turning points through life. Harvard University Press., PETERSILIA,( 2003) When prisoners come home. Parole and prisoner reentry, Oxford University Press, RAPHAEL/STOLL (Eds). Do prisons make us safer? Russell Sage Foundation SHAPLAND/FARRALL/BOTTOMS (eds) (2016), Global perspectives on desistance. Routledge TONRY (ed.), 2004) The future of imprisonment, Oxford University Press, TONRY, (2014) “Why crime rates are falling throughout the western world”, Crime and Justice, vol 43, n. 1, TRAVIS (2005 ) But they all come back. Facing the challenges of prisoner reentry, The Urban Institute Press,, VAN ZYL SMIT/SNACKEN (2005) Principles of European prison law and policy. Penology and human rights. Oxford University Press, VILLETTAZ/GILLIÉRON/KILLIAS (2014) The effects on re-offending of custodial versus non-custodial sanctions. Swedish Council for Crime Prevention, 48 y ss VON HIRSCH, (1993) Censure and sancions, Oxford University Press, 1993

Many thanks for your attention