Una defensa de la clasificación inicial de las penas cortas en régimen abierto
The aim of this article is to provide arguments in order to increase the use of open prisons and reduce the application of closed prisons. This article considers that the severity of closed prisons should be limited to the most serious cases. We show that a significant number of sentences up to 5...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7932217 |
| Source: | Revista Española de Investigación Criminológica: REIC, ISSN 1696-9219, null 18, Nº. 1, 2020 |
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| Summary: |
The aim of this article is to provide arguments in order to increase the use of open prisons
and reduce the application of closed prisons. This article considers that the severity of closed
prisons should be limited to the most serious cases. We show that a significant number of
sentences up to 5 years have difficulties both in being classified in open prisons from the
beginning of the sentence, and in progressing and being transferred to them after having
served some time in closed prisons. Paradoxically then the less serious offences end up
serving all their sentence in a closed prison. Based on these empirical data, we suggest two
proposals: first, we argue that sentences up to 5 years should be served in open prisons from
the beginning of the sentence, and second, and alternatively, we propose that the
categorisation process should be carried out in open prisons, instead of closed prisons. In
short, we argue that closed prisons should be considered an ultima ratio way of serving a
prison sentence. |
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