INDIVIDUALISATION AS A PROCESS

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Presentation transcript:

INDIVIDUALISATION AS A PROCESS Individualisation in the Sentencing & Penal Decision-Making Process, Sentencing & Penal Decision-Making European Working Group Leiden, Netherlands, 19-20 April 2018 Mojca M. Plesničar

The principle of individualisation vs. The process of individualisation

Three phases of individualisation 1 - legislative 2 - judicial 3 -administrative individualised sentence

The legislative phase inherently political Setting the ground rules WHO? Legislature / parliament Governmental bodies KEY QUESTIONS (What?) Why? How? How much? inherently political

The judicial phase Applying rules to individual cases + so much more Qualitative Quantitive WHO? Judges Prosecutors? Counsel? Experts? Others?

The administrative phase shaping individual experience with punishment WHO? Prisons Probation services

Interactions & more legislative administrative judicial society?