A Comprehensive View of European Probation
Reviewed by Dan Richard Beto
Huntsville, Texas
Review of Probation in Europe, edited by Anton M. van Kalmthouth and Ioan Durnescu. Nijmegen, The Netherlands: Wolf Legal Publishers, 2008, pp. 1180, $90.00 (paper).
Late last year the European Organization for Probation, commonly known as CEP, produced Probation in Europe, a comparative overview of probation in 32 European member states.
This comprehensively thorough volume is edited by Anton M. van Kalmthouth, Professor of Criminal Law at Tilburg University in The Netherlands, and Ioan Durnescu, a lecturer in the Faculty of Sociology and Social Work at the University of Bucharest in Romania. In the first chapter they provide a detailed description of the development of probation in Europe and lay out the format the succeeding chapters will use to convey country-specific information. They also identify the similarities and differences among the various probation systems.
Following the editors’ instructive introductory chapter are 32 chapters, each devoted to a different country. Countries covered in this publication include, in alphabetical order: Austria, Belgium, Bulgaria, Catalonia, Croatia, Czech Republic, Denmark, England and Wales, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Northern Ireland, Norway, Poland, Portugal, Romania, Scotland, Slovakia, Slovenia, Spain, Sweden, and Switzerland. Each chapter is written by someone who is knowledgeable about probation in the country being examined.
Particularly helpful is the manner in which the country-specific material is uniformly presented. Each chapter – with some necessary deviation and, in some cases, expansion – follows the same general outline, which allows for easy comparison. The primary chapter divisions are: 1) Historical Development of the Probation System; 2) Legislative Basis and Mission; 3) The Organization of Probation Services; 4) Probation in the Different Phases of the Criminal Process; 5) Finances, Registration, Evaluation, and Outside Opinion; 6) Probation Clients’ Rights; 7) New Developments; 8) Important Publications; 9) Contact Details; and 10) Annex, which in most chapters contained workload statistical data.
While all the material is relevant to gaining a better understanding of probation in the European states, the section dealing with “New Developments” is particularly interesting. Contained in these sections are some of the more recent initiatives and programs being crafted and applied in the various countries. Taken together, one can develop a pretty good picture of the focus and direction of probation in the 32 European states. In addition, the “Important Publications” section identifies books and articles that have influenced probation services in a given country. Finally, the “Contact Details” section provides addresses for probation organizations and, in many cases, the websites for relevant agencies and organizations. Those wishing to learn more about a particular country’s probation system will find this section very helpful.
The book concludes with three appendices. The first—“Probation Documents”—is not all that helpful. Appendix II contains a glossary of words and phrases that proves useful to the reader. The final appendix provides the names, affiliations, and contact information for all the authors who helped product this valuable reference work.
Van Kalmthout, Dornescu, and the host of other authors responsible for producing Probation in Europe are to be commended for their scholarship and for making a significant contribution to the body of knowledge of probation. Those interested in international community corrections issues and the development of probation systems will find this book a necessary addition to their libraries.
Federal Criminal Restitution
Reviewed By Beverly L. Morgan
and Elisabeth F. Ervin
Supervising United States
Probation Officers, Western
District of North Carolina
Review of Federal Criminal Restitution, by Catharine M. Goodwin, Jay E. Grenig, and Nathan A. Fishbach. Thompson West Publishing, 2008, 626 pp., $125.00.
Anyone in the federal judiciary who has ever wrestled with restitution issues has most likely read at least one article authored by Catharine M. Goodwin, former AO Assistant General Counsel. These articles, found on the U.S. Sentencing Commission website (www. ussc.gov), have provided invaluable guidance and direction to practitioners in the federal system. Over the years, it has become increasingly apparent that there is a lack of information regarding restitution and victim determination. With the enactment of the Crime Victims’ Rights Act (CVRA), victims’ rights continue to be expanded, often affecting restitution. Well-known for her expertise in the area of victims and restitution, Goodwin, who is currently a consultant on federal restitution issues, has joined Marquette University Law Professor Jay E. Grenig and former Federal Prosecutor Nathan A. Fishbach to publish a timely and much-needed book called Federal Criminal Restitution.
Goodwin and her coauthors have done an excellent job of leading the reader through a historical overview of restitution and describing the evolution of restitution as a federal sentencing issue. From this foundation, Goodwin, Grenig, and Fishbach provide a comprehensive discussion of criminal and civil jurisprudence and the constitutional challenges. This valuable resource further contains a detailed, step-by-step analysis developed by Goodwin and U.S. Sentencing Commission Senior Trainer L. Russell Burress for determining appropriate restitution. This step-analysis has been utilized by judges, probation officers, and litigators for several years and continues to be relevant in its application.
Federal Criminal Restitution consists of 17 chapters addressing numerous sentencing issues. The chapters are well organized to easily assist the reader in locating pertinent information. Examples include:
- Plea agreements involving restitution, including a discussion of the government’s responsibility in protecting victims’ rights.
- Mandatory or discretionary restitution and how to determine victims and harms within the scope of the harm.
- Sentencing procedures, including presentence procedures and the government’s duty to provide victim information to probation officers.
- Post-sentencing adjustments to restitution orders.
- Enforcement by the sentencing court with a discussion of the defendant’s willful failure to pay.
Research references are noted in each chapter. Included in the Appendix are additional resources, such as the restitution chart, classification and text of the restitution-related statutes, and a sample judgment in a criminal case. A comprehensive index also provides the reader with a simplified way to locate a particular topic.
Federal Criminal Restitution takes complicated issues such as victims of scheme offenses and explains in simple terms how to determine restitution. With the help of referenced case law and general discussion, Goodwin, Grenig, and Fishbach have written a concise book incorporating articles, statutory and guideline provisions, and case law references into an easy to understand reference volume. This book is an indispensable resource for anyone concerned with correctly identifying victims and determining restitution.