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PENAL REFORM IN SWEDEN

NCJ Number
43566
Journal
Southwestern University Law Review Volume: 9 Issue: 1 Dated: (1977) Pages: 111-156
Author(s)
B ZAGARIS
Date Published
1977
Length
46 pages
Annotation
COMPONENTS OF THE SWEDISH CRIMINAL JUSTICE SYSTEM ARE OUTLINED, SWEDISH PENAL HISTORY IS TRACED, AND PENAL REFORMS CULMINATING IN 1974 INMATE TREATMENT LAW ARE DESCRIBED AND ASSESSED.
Abstract
THE OUTLINE OF THE SWEDISH SYSTEM DESCRIBES CRIMINAL PROCEDURES, SENTENCING PRACTICES, PRISON ADMINISTRATION, CHARACTERISTICS OF SWEDISH PRISONS, AND METHODS OF RESOLVING JUDICIAL CONFLICTS. FOUR MAIN AVENUES OF RELIEF, INCLUDING COMPLAINT TO AN OMBUDSMAN, ARE AVAILABLE FOR RESOLVING CONFLICTS IN SWEDISH PRISONS. A BRIEF REVIEW OF SWEDISH PENAL HISTORY INDICATES THAT REFORM HAS BEEN CONTINUOUS AND GRADUAL. MORE RECENT DEVELOPMENTS IN PRISONS HAVE LED TO A CONFRONTATION BETWEEN PRISONERS AND CORRECTIONAL OFFICIALS AND HAVE INFLUENCED THE BROAD REFORMS OF THE 1970'S . IN GENERAL, THE PROVISIONS OF THE REFORM LEGISLATION REQUIRE THAT PRISONS PROMOTE THE INMATE'S READJUSTMENT IN SOCIETY AND COUNTERACT THE HARMFUL EFFECTS OF INSTITUTIONALIZATION. EMPHASIS IS PLACED ON EXTRAMURAL PROGRAMS, ON COOPERATION BETWEEN THE CORRECTIONAL SYSTEM AND OTHER AGENCIES, AND ON THE INMATE'S PARTICIPATION IN THE CLASSIFICATION AND THE TREATMENT-PLANNING PROCESS. SPECIFIC PROVISIONS CONCERN INMATE COUNCILS, CLASSIFICATION AND TREATMENT PLANNING, INTEGRATION OF INSTITUTIONAL AND NONINSTITUTIONAL TREATMENT, LIBERALIZATION WITHIN INSTITUTIONS, DISCIPLINARY SANCTIONS, NONDISCIPLINARY ISOLATION, AND NONINSTITUTIONAL CARE. CRITICISMS OF THE SWEDISH REFORMS ARE REVIEWED, AND PROSPECTIVE DEVELOPMENTS ARE PROJECTED. IT IS POINTED OUT THAT ISSUES SURROUNDING THE LEGAL RIGHTS OF INMATES AND PENAL REFORMS ARE SECONDARY TO SWEDEN'S FOCUS ON THE RATIONALE FOR ITS PENAL CODE, PARTICULARLY WITH REGARD TO INDIVIDUAL CRIMES AND THEIR PUNISHMENTS.

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