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ALTERNATIVES TO IMPRISONMENT - MAIN PAPER (FROM CRIME LAW AND THE COMMUNITY, 1976 - SEE NCJ-51708)

NCJ Number
51719
Author(s)
G WALLER
Date Published
1976
Length
9 pages
Annotation
PROBATION, PAROLE, COMMUNITY SERVICE, AND OTHER ALTERNATIVES TO INSTITUTIONALIZATION IN ENGLAND AND WALES ARE DISCUSSED.
Abstract
IT IS NOTED THAT THE GENERAL SENTENCING APPROACH IN ENGLAND AND WALES IS TO IMPRISON ONLY THOSE WHO ARE DANGEROUS, OR HABITUAL CRIMINALS, OR HAVE COMMITTED A PARTICULARLY OUTRAGEOUS CRIME. FIGURES FOR 1973 ARE PROVIDED TO SHOW THE PROPORTIONAL DISPOSITION OF CASES INVOLVING INDICTABLE OFFENSES. THE PROPORTION IMPRISONED WAS 10.3 PERCENT. FOR FIRST OFFENDERS AND OFFENDERS UNDER 30 YEARS OF AGE, A PRESENTENCE REPORT THAT EXAMINES THE BACKGROUND AND PSYCHOLOGY OF THE OFFENDER IS REQUIRED BY LAW, IN ORDER TO ENCOURAGE THE USE OF APPROPRIATE ALTERNATIVES TO IMPRISONMENT IN SENTENCING. PERSONS UNDER 21 CANNOT, BY LAW, BE SENTENCED TO PRISON, EXCEPT FOR A VERY SERIOUS OFFENSE; AND FIRST OFFENDERS CANNOT BE SENTENCED TO PRISON UNLESS THE COURT IS SATISFIED THAT NO OTHER SENTENCE IS APPROPRIATE. THE PROBATION AND AFTER CARE SERVICE IS RESPONSIBLE FOR SUPERVISING THOSE ON PROBATION AND PAROLE, PREPARING SOCIAL INQUIRY REPORTS, AND COORDINATING THE COMMUNITY SERVICE PROGRAM. PAROLE DECISIONMAKING IS DESCRIBED IN SOME DETAIL. A PREDICTIVE INSTRUMENT IS USED WHICH WEIGHTS VARIOUS BACKGROUND FACTORS OF THE PERSON BEING CONSIDERED FOR PAROLE, AND IT IS GIVEN SERIOUS CONSIDERATION AS A MEASURE OF THE LIKELIHOOD THAT ANOTHER OFFENSE WILL BE COMMITTED. THE COMMUNITY SERVICE ORDER IS ANOTHER SENTENCING ALTERNATIVE MENTIONED. IT PROVIDES FOR OFFENDERS TO REMAIN IN THE COMMUNITY AND PERFORM CERTAIN PRESCRIBED SERVICES FOR THE BENEFIT OF THE COMMUNITY. CRIMINAL BANKRUPTCY (ENABLING INVESTIGATORS TO TRACK DOWN MONEY HIDDEN BY BEING PLACED IN THE NAME OF A SPOUSE OR OTHER PERSON) AND DEFERRED SENTENCES ARE DISCUSSED AS SENTENCING ALTERNATIVES. EACH IS DESIGNED TO PROVIDE FOR THE OFFENDER TO REPAY ANY FINANCAL LOSSES CAUSED TO THE VICTIM OF HIS CRIME. (RCB)