Special Issue on Consent and Cooperation of Offenders under Supervision
April 2014- No. 3/2014
“A community sanction or measure shall only
be imposed when it is known what conditions and obligations might be
appropriate and whether the offender is prepared to co-operate and comply with
them.” (European Rules on Community Sanctions and Measures, No. 31)
“As far as possible, the probation agencies
shall seek the offender’s informed consent and cooperation in decision-making
on matters of implementation.” (European Probation Rules, No. 6)
How
to actively involve an offender in a probation process is a key issue for
probation work. Both rules cited above emphasise that seeking an offender’s
cooperation and the question of his or her (informed) consent are closely
related to that involvement and eventually the outcome of the supervision
process. The underlying values are human dignity and autonomy – an offender
under probation or other forms of supervision must never be seen as a mere
object of supervision but taken seriously as a person.
Both
these aspects, the active involvement of the offender as someone who ‘has a
say’ in the probation process as well as consent and cooperation as a human
rights question, seem to have lost ground in times of increased punitivity and
discussion focussed on risk and effectiveness. In this planned special issue of
the European Journal of Probation we invite contributions to consider various
questions in this context– either with regard to a certain jurisdiction (for
example, how the need for seeking the offender’s consent has developed over
time, how it is implemented in practice, for what interventions it is needed)
or with a focus on certain problems or interventions (for example in the
pre-trial phase, with regard to community service or therapeutic
interventions). Theoretical contributions would also be very welcome.
Indications
of interest and proposed title and/or a short abstract should be sent to
Christine Morgenstern or Gwen Robinson who are Guest editors for this edition
at [email protected] or [email protected] by 31
January 2014. Final submissions of up to 8,000 words should be sent by1 June
2014. Further guidance for authors can be found on the EJP web site www.ejprob.ro/
. If you wish to discuss potential submissions beforehand also please contact Christine
or Gwen.