ADIR - L'altro diritto

ISSN 1827-0565

Judgement enforcement and family relationships
Sociological and legal aspects

Carlotta Bargiacchi, 2002

(Abstract)

Aim of this work is to analyse the different legal institutions meant to preserve the family relationships of the convicts, to evaluate the efficacy of those institutions and to show the consequences of prison for family ties.

In the first chapter the role of the family in penitentiary laws is questioned beginning from the 1931 prison regulation, in force till the 1975 penitentiary reform. The research will continue analysing family relevance in the new prison law, where family is considered to be one of the fundamental elements of the penitentiary treatment. Particular concern is given to the rules regarding family assistance and the protection of family relationships, attentively analysing the Gozzini law, the 1998 law n. 165, and the 2001 law n. 40 on mothers in prison. Finally the adjustments to the new 2000 enforcement regulation, supposed to improve some aspects of prison treatment, are questioned, with a particular concern to the relationships with the family, adapting the Italian law to the European and international standards.

The second chapter is an analysis of the different tools provided by the penitentiary rules to preserve family relationships. The difficulties to punt into effect the law are taken into account, together with the solutions provided by the administrative circulars concerning these issues.

In the third chapter there is a study of the sociological effects of sentence serving for the convict and for his family. In particular the effects on the convicts are investigated according to the Donald Clemmer and Gresham Sykes sociological theories. Finally the effects of prison are put into relation with the family of origin, with the acquired family and with the children, taking into account the features of these different relationships.

The forth and final chapter is devoted to a study of the actual situation in Prato prison, questioning the development of some familiar relationships considered as case studies. The empirical study moves from the analysis of the room available for family meetings, stressing how the structure of the available space can affect the preservation of family ties. The actual situations described by some convicts is discussed, stressing the difficulties caused by detention also because of the inadequacy of the relevant prison rules, or because those rules are not carried out.

As a conclusion it could be said that the convict kinfolk are "forgotten victims". Even if they are part of a sanctioning procedure that depends on crime they are not responsible for, they get no protection from the law. The few norms of the penitentiary laws meant to protect family relationships have in fact no actual enforcement at all.

And the situation is no better for the convict. For the penitentiary law family is a fundamental part of penitentiary treatment (art. 15 Ord. Penit.), it should support the convict while in jail and should be an important point of reference when leaving prison and entering again free society. But in fact it is very common for the convict at the end of his sentence to find even less social and affective resources than he left when entered in prison.