Expanding the Use of Non-custodial Measures (From Resource Material Series No. 38, P 181-196, United Nations Asia and Far East Institute -- See NCJ-135723)

• NCJ Number: 135735
• Author(s): M Joutsen
• Date Published: 1990
• Length: 16 pages
• Sale Source: National Institute of Justice/; United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders; NCJRS Photocopy Services
• Publication Type: Survey
• Language: English
• Country: Japan

Annotation

Despite widespread international agreement over the benefits of replacing imprisonment with non-custodial measures, many countries exhibit inconsistencies between policy and practice. The use of non-custodial alternatives can be expanded by focusing on law, sentencing constraints, resources, and attitudes.

Abstract

The first step correctional systems must take is to ensure that the law provides an adequate range of sanctions by amending substantive criminal and procedural law and by strengthening legal safeguards to ensure proper exercise of authority. There must be clear guidance on sentencing practice through precedents, judicial conferences, and published guidelines. Key groups including judges, law enforcement officials, prosecutors, probation officers, lawyers, victims, offenders, social services, and non-governmental agencies should be educated about the functions of non-custodial sanctions. The success of non-custodial sanctions will depend on securing a steady resource base for their implementation. Research is needed on the normative structure through which the availability and application of non-custodial sanctions is determined as well as factors that affect sentencing. Finally, international cooperation must be developed with regard to training, material preparation, research, and information sharing. 26 notes