NCJ Number
53449
Date Published
1978
Length
47 pages
Annotation
USING A NATIONWIDE STUDY IN ENGLAND, THE INCIDENCE, AMOUNTS, AND PAYMENT OF FINES IMPOSED BY MAGISTRATES' COURTS ARE CONSIDERED IN RELATION TO THE PREVIOUS NATURE AND THE FINANCIAL CIRCUMSTANCES OF DEFENDANTS STUDIED.
Abstract
THIS STUDY OF THE USE AND ENFORCEMENT OF FINES BY MAGISTRATES' COURTS WAS BASED ON A NATIONAL SAMPLE OF 3,240 DEFENDANTS SUMMARILY CONVICTED DURING THE WEEK BEGINNING SEPTEMBER 29, 1974. CONVICTIONS WERE FOR BURGLARY, THEFT, OBTAINING PROPERTY BY DECEPTION, CRIMINAL DAMAGE, AND WOUNDING OR ASSAULT OCCASIONING ACTUAL BODILY HARM. THE STUDY INDICATED THAT THERE WERE NO OBVIOUS LIMITS TO THE USE OF FINES FOR THESE OFFENSES, ALTHOUGH UNEMPLOYED OFFENDERS AND THOSE WITH SEVERAL PREVIOUS CONVICTIONS WERE LESS LIKELY THAN OTHERS TO BE FINED. OFFENDERS WHO WERE FINED WERE NOT AS LIKELY TO BE RECONVICTED (WITHIN 2 YEARS OF SENTENCE) AS OFFENDERS WHO WERE DEALT WITH IN OTHER WAYS. WHEN ALLOWANCES WERE MADE FOR THE EFFECTS OF PREVIOUS CONVICTIONS, AGE, AND EMPLOYMENT STATUS ON REOFFENDING, FINES CONTINUED TO BE MORE EFFECTIVE THAN OTHER FORMS OF SENTENCING, BUT THE DIFFERENCES WERE NOT STATISTICALLY SIGNIFICANT. THE MAJORITY (61 PERCENT) OF THE FINES IMPOSED WERE 20 POUNDS OR LESS. ONLY 5 PERCENT OF FINES EXCEEDED 50 POUNDS. FOR PROPERTY OFFENSES, SUCH AS THEFT, THE MAIN DETERMINANTS OF THE AMOUNT OF FINE APPEARED TO BE THE VALUE OF THE PROPERTY AND THE INCOME OF THE OFFENDER. THE STUDY ALSO INDICATED THAT WHILE MONETARY PENALTIES MUST BE ENFORCED IF THEY ARE TO BE EFFECTIVE, THERE IS A NEED FOR CAREFUL JUDGMENT AND FLEXIBILITY IN DEALING WITH DEFAULTERS IF UNDUE PRESSURE IS NOT TO BE PUT ON THOSE MAKING EVERY EFFORT TO PAY. IN CONSIDERING THE ARGUMENT FOR HIGHER FINES, IT IS NOTED THAT 40 PERCENT OF THE DEFENDANTS IN THE STUDY WERE UNEMPLOYED. THIS FACT MUST SEVERELY RESTRICT THE IMPOSING OF HEAVIER FINES. SAMPLES OF THE FORMS USED IN THE STUDY ARE INCLUDED IN THE APPENDIXES. TABULAR DATA FROM THE STUDY ARE PROVIDED. (RCB)