DECRIMINALIZATION - A REPORT ON DEVELOPMENTS IN COURT ACTIVITY CONCERNING PROPERTY OFFENSES FOR THE PERIOD 1970-1974

• NCJ Number: 54218
• Author(s): H LOKDAM
• Date Published: 1977
• Length: 126 pages
• Corporate Author: Denmark Ministry of Justice
• Publication Format: Document
• Country: Denmark
• Note: FORSKNIGSRAPPORT NR. 7 (REPORT NO. 7).

Annotation

AN ONGOING DEBATE IN THE DANISH MINISTRY OF JUSTICE FROM 1971-73 CENTERED ON DECRIMINALIZATION OF LESS SERIOUS PROPERTY CRIME. THE DEBATE IS REVIEWED ALONG WITH RESEARCH ON ITS EFFECT AND THAT OF AN EVENTUAL LAW CHANGE ON COURTS' SENTENCING PATTERNS.

Abstract

THE DEBATE WAS INITIATED IN 1971 BY TWO MINISTERS WHO ARGUED THAT DEPRIVATION OF FREEDOM WAS TOO SEVERE A PENALTY FOR MANY LESS SERIOUS CRIMES AND TOO COSTLY TO THE STATE. DENMARK'S MINISTRY OF JUSTICE LATER HELD A SEMINAR TO DISCUSS THE IDEA OF DECRIMINALIZATION AND MILDER SENTENCES FOR SUCH CRIMES, AND SEMINAR GROUPS IDENTIFIED SEVERAL TYPES OF CRIMES THEY BELIEVED SHOULD BE AFFECTED BY SUCH A REFORM: SHOPLIFTING, EMPLOYEE THEFT, CHECK FRAUD, INDEBTEDNESS, AND SOME OTHER TYPES OF FRAUD AND SMALL PROPERTY OFFENSES. THE DEBATE GATHERED STEAM AS THE 1971 ANNUAL DANISH CRIMINOLOGY RESEARCH MEETING APPROACHED. IT CAUGHT THE ATTENTION OF THE PRESS, POLITICIANS, COURTS, AND CRIMINAL JUSTICE PROFESSIONALS AND SCHOLARS. BY EARLY 1973, A CHANGE TO THE PENAL LAW WAS PROPOSED TO PARLIAMENT, AND IN JUNE, BECAME LAW. THE MINISTERS INTENDED THAT THE CHANGE SHOULD COME OUT PARTLY AS A RESULT OF LAW REFORM AND PARTLY AS A RESULT OF CHANGES IN COURTS' SENTENCING DECISIONS. A STUDY WAS CONDUCTED TO DETERMINE THE EFFECT OF THE DEBATE AND THE LAW ON BOTH COURT STATISTICS AND ACTUAL SENTENCING PRACTICES IN COPENHAGEN AND ARHUS AREA COURTS. STATISTICS FROM 1963 TO 1974 SHOW A TREND TOWARD LIGHTER SENTENCES EVEN BEFORE THE DEBATE AND THE REFORM ENSUED, DESPITE THE FACT THAT THESE TYPES OF OFFENSES CONTINUED TO INCREASE AND GROW MORE SEVERE. THE COURT STUDY INVOLVED ANALYSIS OF 486 CASES REGISTERED IN ARHUS BETWEEN 1971 AND 1974, 575 REGISTERED IN COPENHAGEN, AND 714 REGISTERED IN ADJOINING TOWNS. RESULTS INDICATE A DEFINITE TREND IN THE LINE WITH REFORM EFFORTS BEGINNING AS EARLY AS 1971. MOST OFFENDERS WERE 25 YEARS OR YOUNGER, HAD A PREVIOUS RECORD, AND HAD COMMITTED A COMBINATION OF OFFENSES TOTALING UNDER 5,000 CROWNS. ABOUT 64 PERCENT OF OFFENDERS WERE GIVEN SUSPENDED SENTENCES, AND THOSE RECEIVING SENTENCES WERE COMMITTED FOR 6 MONTHS OR LESS. TWENTY-SEVEN REFERENCES AND STUDY DATA ARE PROVIDED.