NCJ Number
58111
Date Published
1978
Length
6 pages
Annotation
LIFE IMPRISONMENT, LONG-TERM IMPRISONMENT, DEPORTATION, AND PLACEMENT IN PSYCHIATRIC HOSPITALS ARE CONSIDERED AS ALTERNATIVES TO THE DEATH PENALTY, WITH REFERENCE TO PRACTICES IN FINLAND AND OTHER COUNTRIES.
Abstract
IN FINLAND, WHERE CAPITAL PUNISHMENT WAS ABOLISHED LONG AGO, LIFE IMPRISONMENT IS THE MOST SEVERE PUNISHMENT AND IS RARELY IMPOSED. SOME COUNTRIES HAVE REPLACED THE DEATH PENALTY WITH LONG-TERM IMPRISONMENT, OFTEN REQUIRING OFFENDERS TO SERVE LENGTHY TERMS (15 OR 25 YEARS) BEFORE BEING CONSIDERED FOR PAROLE. POLICIES OF LONG-TERM IMPRISONMENT APPEAR TO BE POLITICAL COMPROMISES BASED ON SHAKY NOTIONS OF DANGEROUSNESS AND OF THE RELATIONSHIP BETWEEN IMPRISONMENT AND THE DEATH PENALTY. DEPORTATION HAS LONG BEEN FAMILIAR IN MANY COUNTRIES AND PLAYED A ROLE IN FINLAND'S 'WEANING' FROM CAPITAL PUNISHMENT. THE PRACTICAL PROBLEMS ASSOCIATED WITH DEPORTATION SHOULD BE ADDRESSED, BECAUSE THE PRACTICE HOLDS PROMISE AS A MEANS OF DEALING WITH POLITICAL OFFENDERS. A FOURTH ALTERNATIVE TO THE DEATH PENALTY IS TO SEND DANGEROUS AND MENTALLY ABNORMAL OFFENDERS TO PSYCHIATRIC HOSPITALS. PSYCHIATRIC PLACEMENT IS A POSSIBLE SOLUTION IS SOME CASES, BUT IS SELF-LIMITING. COUNTRIES THAT WISH TO REDUCE THEIR USE OF CAPITAL PUNISHMENT COULD AMEND LEGISLATION AND CHANGE COURT PRACTICES SO THAT (1) CAPITAL PUNISHMENT IS USED ONLY IN CASES OF INTENTIONAL HOMICIDE, (2) LIFE IMPRISONMENT OR DEPORTATION ARE USED IN OTHER SERIOUS CASES, AND (3) PSYCHIATRIC EXAMINATIONS ARE USED TO IDENTIFY CASES IN WHICH, IN LIGHT OF THE SURROUNDING CULTURE, THE OFFENDER SHOULD BE CONSIDERED A PATIENT AND PUNISHMENT SHOULD BE REPLACED BY HOSPITALIZATION. CORRECTIONS STATISTICS FROM FINLAND ARE INCLUDED. (LKM)