NCJ Number
39464
Date Published
1975
Length
338 pages
Annotation
COMPARATIVE ANALYSIS OF THE USE OF DEFERRED SENTENCES, SUSPENDED SENTENCES, AND JUDICIAL WARNINGS IN YUGOSLAVIAN COURTS AND THEIR DIFFERENTIAL EFFECT ON RECIDIVISM.
Abstract
A TOTAL OF 3500 SENTENCES HANDED DOWN IN THE DIFFERENT PROVINCES AND AUTONOMOUS REGIONS (SERBIA, CROATIA, SLOVENIA) ARE ANALYZED. RESULTS REVEALED THAT USE OF THE DEFERRED SENTENCE, VIEWED AS AN EFFECTIVE MEASURE BY YUGOSLAVIAN JUDGES, HAD INCREASED FROM 23.4 PERCENT OF ALL SENTENCES IN 1953 TO 55.8 PERCENT OF ALL SENTENCES IN 1971. THIS INCREASED USE WAS REFLECTED IN ALL PARTS OF THE COUNTRY, ALTHOUGH IT WAS THE HIGHEST IN SLOVENIA AND CROATIA. BETWEEN 70 AND 80 PERCENT OF THE SENTENCES DEFERRED INVOLVED SIX-MONTH PRISON SENTENCES. RECIDIVISM FOR THOSE RECEIVING DEFERRED SENTENCES WAS 6.7 PERCENT. THE USE OF JUDICIAL WARNINGS HAD DECLINED FROM SOME 7017 CASES IN 1961 TO 3,758 CASES IN 1971, ALTHOUGH THE MAJORITY OF JUDGES INDICATED THAT THEY CONSIDERED THIS SENTENCING ALTERNATIVE BOTH USEFUL AND ACCEPTABLE IN CASES INVOLVING MINOR INFRACTIONS OF THE LAW. A MARKED DECLINE IN THE USE OF SUSPENDED SENTENCES (FROM 1500 CASES IN 1960 TO 46 CASES IN 1971) WAS EXPLAINED BY THE FACT THAT JUDGES GENERALLY ELECTED TO ISSUE WARNINGS AND CONSIDERED THE USE OF SUSPENDED ALTERNATIVE WAS STILL CITED AS NECESSARY FOR CASES INVOLVING ACCESSORIES TO CRIMES, SELF-DEFENSE, OR ERRORS OF LAW. --IN SERBO-CROATION. SUMMARY IN FRENCH...ELW