¿How do judges sentence and control de execution of alternatives sanctions?

Abstract

The present study inquiries through semistructured interviews with a sample of guarantee and oral judges, about the penological conceptions of the judges and to establish to what extent these would influence the sentencing decision between a prison sentence and an alternative sanction. In addition, it explores their perceptions about the work of controlling the execution of sentences.

The findings gave an account of a complex sentencing process in which penological perceptions would have a lesser influence and in which the duty to motivate sentences would have been depleted. In the execution of the sentence arena, the study gives reveals the importance of having tools to control it and the need to have a judiciary dedicated exclusively to the knowledge of this topic.