NCJ Number
54756
Journal
Crime and Delinquency Volume: 21 Issue: 4 Dated: SPECIAL ISSUE (OCTOBER 1975) Pages: 323-330
Date Published
1975
Length
8 pages
Annotation
CREATIVE SENTENCING IS URGED FOR NONVIOLENT OFFENDERS. RESTITUTION AND COMMUNITY SERVICE ORDERS ARE CALLED MORE EFFECTIVE PUNISHMENT AND THEIR USE AVOIDS THE WASTE OF MONEY AND HUMAN POTENTIAL ACCOMPANYING PRISON.
Abstract
THE NATIONAL COUNCIL ON CRIME AND DELINQUENCY (NCCD) HAS CALLED FOR THE ADOPTION OF A POLICY OF NONIMPRISONMENT OF NONDANGEROUS OFFENDERS. THIS IS CALLED A SHIFT FROM A REACTIVE TO A PROACTIVE RESPONSE TO CRIME, IT WOULD ALSO FREE VAST SUMS OF MONEY PRESENTLY SPENT TO BUILD AND MAINTAIN CORRECTIONAL INSTITUTIONS FOR NONVIOLENT OFFENDERS. THE DIFFERENCE BETWEEN THE NCCD COUNCIL OF JUDGES' MODEL SENTENCING ACT (1972) AND THE NCCD BOARD OF DIRECTORS' POLICY STATEMENT ON SENTENCING (1973) IS CLARIFIED. THE MODEL SENTENCING ACT ALLOWS FOR A PRISON COMMITMENT UP TO 5 YEARS FOR A NONDANGEROUS OFFENSE. THE BOARD OF DIRECTORS WISHES TO ABOLISH IMPRISONMENT ALTOGETHER FOR THIS TYPE OF OFFENDER. IT IS POINTED OUT THAT CREATIVE SENTENCING ALTERNATIVES ARE OFTEN DEVELOPED FOR HIGHER STATUS, WHITE OFFENDERS. EXAMPLES OF SURGEONS WHO ARE SENTENCED TO PROVIDE MEDICAL SERVICES FOR POOR CHILDREN AND WELL-TO-DO OFFENDERS WHO ARE ORDERED TO MAKE RESTITUTION ARE GIVEN. THE SAME APPROACH OUGHT TO BE EXTENDED TO THOSE WHO ARE POOR AND ARE OFTEN DEALT WITH MORE HARSHLY BY THE CRIMINAL JUSTICE SYSTEM. THE NETHERLANDS' PENAL CONCEPTS ARE EXAMINED AS A MODEL. EVEN THOUGH IN THE NETHERLANDS MOST CONFINEMENTS ARE FOR MONTHS INSTEAD OF YEARS, THE CRIME RATE IS LOW. SENTENCING IS THEN CALLED A REFLECTION OF THE VALUES OF A SOCIETY. (GLR)