Las penas alternativas a la cárcel en Chile. Un análisis desde su evolución histórica

Echeverría, Sebastián Salinero; Peillard, Ana María Morales

doi:10.4067/s0718-68512019005000304

Cited by 3 publications

(5 citation statements)

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“…The institutional history of this framework points to a legalistic hegemony in criminal justice, with probation used primarily to address the negative infrastructural feedback associated with the development of the prison. Act 18216 emerged out of a history of legislative experimentation with allowing judges to grant exceptions to the imposition of real prison time during the 20th century (Salinero & Morales, 2019). Prior laws made non‐recidivist offenders convicted to less than one year (1940s) and then three years (1970s) of prison time eligible for probation.…”

Section: Case Setting and Methodsmentioning

confidence: 99%

“…The historical sources on these changes are scarce (Salinero & Morales, 2019). They tend to cite ‘general criminological knowledge’ on the ineffectiveness of short prison terms and commitment to rehabilitative ideas – an important diffusion frame in the history of probation (Vanstone, 2008, pp.745–746).…”

Section: Case Setting and Methodsmentioning

confidence: 99%

“…Ethical and efficacy concerns with prisons influence the emergence of advocacy groups pushing for alternative, non‐prison‐based sanctions, as in the notorious case of John Augustus (Friedman, 1993, p.162; Hagan, 1979; Petersilia, 1997). In many countries, including Chile, rehabilitative ideals emerge out of the negative feedback of prisons and tend to find institutional space in probation (Salinero & Morales, 2019).…”

Section: Path Dependence Stability and Change In Sentencing And Proba...mentioning

confidence: 99%

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A developmental model of sentencing evolution: The emergence of the politics of probation in Chile

Wilenmann

Gambardella

2023

Howard J Crime Justice

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This article builds a developmental model of probation evolution based on the dynamics generated by its feedback effects, illustrating its claims through a case study of Chile's recent probation politics. The article posits that probation emerges out of the negative infrastructural and political feedback effects of the prison. As probation generalises, it creates its own growing negative political feedback. In time, the field can enter a state that we label the politics of probation, providing for substantial political conflict and fluctuance. The article shows how different actors mediate in the conflict around the politics of probation.

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Section: Case Setting and Methodsmentioning

confidence: 99%

Section: Case Setting and Methodsmentioning

confidence: 99%

Section: Path Dependence Stability and Change In Sentencing And Proba...mentioning

confidence: 99%

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A developmental model of sentencing evolution: The emergence of the politics of probation in Chile

Wilenmann

Gambardella

2023

Howard J Crime Justice

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“…Despite the growing use of community supervision sanctions, relatively little is known about its use from either the probation officers’ or clients’ perspective. The majority of the pieces are theoretical, analyzing the history (see Salinero Echeverría & Morales Peillard, 2019 ) and the foundations of non-custodial sentences (see Morales Peillard & Salinero Echeverría, 2020 ). Although empirical data are scarce, there is evidence that those on community supervision represent vulnerable groups, much like those in other countries.…”

Section: Community Supervision In Chile: the Relevance Of Probationmentioning

confidence: 99%

The COVID-19 Pandemic and Probation in Chile: Remote Supervision and Regional Differences

et al. 2022

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The COVID-19 pandemic forced Chilean probation officers to adopt remote supervision technologies to maintain contact with their clients. Considering remote contact was scarcely used by Chilean probation officers before the pandemic, this change demands studying the impact of the pandemic remote supervision on the contact between officers and clients. To address this problem, we surveyed probation officers ( n = 326) exploring the impact of COVID-19 on clients, officers, and the use of remote supervision across six Chilean macro-geographical regions representing the entire country: Extreme North, North, Santiago (Metropolitan Region), Middle South, South, and Extreme South. The survey includes demographics on probation officers at the national level, presenting data about their workload and agency for the first time. The results suggest that probation officers drastically changed how they contact their clients, shifting from primarily in-person communication to remote contact including videoconferencing, calls, and text messages. Our findings indicate that clients were heavily impacted by the pandemic in different psychosocial aspects and had low rates of access to technology. Finally, the macro-geographical analysis reveals how demographics, agency characteristics, technology access, and COVID-19 impact vary throughout the country. We conclude by discussing the relevance of the geographical and socioeconomic context before implementing remote supervision as community supervision core practice.

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“…These included legislation to increase the use of alternatives to incarceration through the expansion of the catalog of non-custodial sanctions to include probation with intense supervision, parole, community service orders, and expulsion of foreigners. In addition to procedural reforms to grant parole that reduced bureaucracy in the decision-making process (Salinero & Morales, 2019;Godoy, 2016;Wilenmann, 2020).…”

Section: Chilementioning

confidence: 99%

Responding to COVID-19 in Latin American Prisons: The Cases of Argentina, Chile, Colombia, and Mexico

Marmolejo

Barberi

Bergman

et al. 2020

Victims & Offenders

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The purpose of this paper is to identify and analyze how prison systems in Argentina, Chile, Colombia, and Mexico respond to the coronavirus disease (COVID-19). It explores the challenges these institutions face, the actions taken, the beneficiaries from such measures, and their immediate effect. We argue that governments and prison authorities struggle to put in place comprehensive measures to prevent and control the spread of COVID-19 within these institutions and that more concrete and swift actions are needed to address the magnitude and the consequences of the pandemic. This paper uses both primary and secondary data to describe the current prison situation and analyze institutional responses to the COVID-19 pandemic in these countries.

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Las penas alternativas a la cárcel en Chile. Un análisis desde su evolución histórica

Cited by 3 publications

References 0 publications

A developmental model of sentencing evolution: The emergence of the politics of probation in Chile

A developmental model of sentencing evolution: The emergence of the politics of probation in Chile

The COVID-19 Pandemic and Probation in Chile: Remote Supervision and Regional Differences

Responding to COVID-19 in Latin American Prisons: The Cases of Argentina, Chile, Colombia, and Mexico

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