NCJ Number
66579
Date Published
1978
Length
45 pages
Annotation
THE PRINCIPLE ALTERNATIVES TO IMPRISONMENT IN CANADA (REMOVAL FROM COURT JURISDICTION, MEDIATION, RESTITUTION, COMMUNITY SERVICE, AND COMMUNITY RESIDENTIAL CENTERS) ARE ADVOCATED.
Abstract
THESE ALTERNATIVES ARE NEEDED BECAUSE OF CLASS DISCRIMINATION IN LEGAL PROCEEDINGS; LEGISLATIVE, JUDICIAL AND PENAL INFLATION; AND PUBLIC DISSATISFACITON WITH SUBSTITUTION OF THE STATE FOR OTHER INSTITUTIONS SUCH AS THE FAMILY, CHURCH, AND COMMUNITY. ALTERNATIVES TO IMPRISONMENT MAY TAKE THE FORM OF RESTRICTIONS ON FREEDOM OF MOVEMENT (E.G., WORK RELEASE) WITH RETURN TO THE PRISON OVERNIGHT OR ON WEEKENDS; FINES, INDEMNIFICATION OF VICTIMS, OR GENERAL CONFISCATION BY THE STATE; PUBLIC HUMILIATION, INCLUDING REPRIMANDS, DEGRADATION, REVOCATION OF RIGHTS, AND PHYSICAL PUNISHMENT; SUSPENDED SENTENCES WITH PROBATION; AND MEASURES FOR RESOLVING CONFLICTS OUTSIDE THE JUSTICE SYSTEM. REMOVAL OF OFFENSES FROM COURT JURISDICTION MAY INVOLVE DECRIMINALIZATION OF CERTAIN BEHAVIOR, AVOIDANCE OF COURTS THROUGH DISCRETIONARY POLICE POWERS, AND AND IMPRISONMENT ALTERNATIVES. THE BRONX NEIGHBORHOOD YOUTH DIVERSION PROGRAM, THE PHILADELPHIA NEIGHBORHOOD YOUTH RESOURCE CENTER, THE COORDINATION COUNCIL FOR CRIMINAL JUSTICE IN NEW YORK, AND SPECIAL PROGRAMS IN QUEBEC AND ONTARIO ILLUSTRATE THIS ALTERNATIVE. MEDIATION, I.E., ARBITRATION BETWEEN TWO PARTIES TO FIND AN ACCEPTABLE COMPROMISE, ALLOWS PROBLEMS TO BE RESOLVED WITHIN THE COMMUNITY. RESTITUTION SERVES THE PURPOSE OF REIMBURSING VICTIMS FOR FINANCIAL, PHYSICAL, AND PSYCHOLOGICAL DAMAGES, AS EXAMPLES OF RESTITUTION PROJECTS IN QUEBEC AND ONTARIO SHOW. COMMUNITY SERVICE SENTENCES HAVE JUST BEEN INTRODUCED IN CANADA AND ARE ONLY CONSIDERED FOR CRIMES PUNISHABLE BY IMPRISONMENT. COMMUNITY RESIDENTIAL CENTERS ARE DESIGNED TO FURNISH COUNSELING AND OTHER SOCIAL REINTEGRATION SERVICES AND FINANCIAL ASSISTANCE WHICH WILL HELP EX-CONVICTS OR EARLY-RELEASE PRISONERS ADJUST TO EVERYDAY REALITY. THE ADVANTAGES OF THESE ALTERNATIVE PENALTIES ARE THEIR HUMANE NATURE, THEIR LOW COST, AND THEIR LEVEL OF EFFECTIVENESS WHICH EQUALS THAT OF IMPRISONMENT. DECENTRALIZATION OF THE ADMINISTRATION OF JUSTICE AND COMMUNITY INVOLVEMENT ARE ALSO REQUIRED FOR SUCCESSFUL ALTERNATIVE PENALTIES. --FRENCH. (KMD)