NCJ Number
48000
Date Published
1977
Length
16 pages
Annotation
A SYSTEM OF OBLIGING OFFENDERS TO PAY DIRECT MONETARY RESTITUTIONS TO THEIR VICTIMS FROM EARNINGS GAINED FOR WORK PERFORMED DURING THEIR IMPRISONMENT IS DISCUSSED, AND REFERENCES ARE MADE TO ITS APPLICATION IN ENGLAND.
Abstract
THE INTRODUCTION OF DIRECT RESTITUTION FROM OFFENDERS TO VICTIMS WOULD PROVIDE, AMONG OTHER THINGS, BETTER JUSTICE TO VICTIMS; REDUCE THE COST OF MAINTAINING PRISONERS; DIMINISH CRIME RATES, SINCE CRIMINALS WOULD BE REQUIRED TO PAY FOR THE DAMAGE DONE AND RETURN ILLEGALLY ACQUIRED GAINS; AND INCREASE NATIONAL PRODUCTIVITY. UNTIL THERE ARE PRISONS THAT OBLIGATE OFFENDERS TO WORK TO PAY, THROUGH THEIR EARNINGS, THE RESTITUTION THEY OWE, CRIMINALS WILL CONTINUE TO AVOID COMPENSATION ORDERS AND ACCEPT JAIL AS AN EASIER ALTERNATIVE. IN ENGLAND, THERE ARE OBJECTIONS TO AND COMPLICATIONS ASSOCIATED WITH TURNING PRISONS INTO WORKSHOPS FOR RESTITUTION, WHICH EMANATE FROM DIFFERENT LINES OF THOUGHT ABOUT PRISON REFORM. ONE LINE OF THOUGHT VIEWS PRISON AS A MEDICALLY ORIENTED ESTABLISHMENT WHILE THE OTHER VIEWS PRISON AS AN INSTITUTION FOR INDIVIDUAL DIAGNOSIS, TREATMENT AND CURE, WHERE THE MOST FREQUENTLY USED TREATMENT IS WORK. MOTIVATING PRISONERS TO WORK REQUIRES THE INCENTIVES OF THE SELF-DETERMINATE SENTENCE, A 42-HOUR WORKING WEEK REWARDED WITH FULL UNION RATES OF PAY FOR ALL WORK COMPLETED TO ACCEPTABLE STANDARDS AND THE REQUIREMENT FOR PRISONERS TO REMAIN IN PRISON UNTIL, BY COMPENSATING THEIR VICTIMS, THEY HAVE PAID FOR THEIR CRIMES OUT OF THEIR EARNINGS. THE SELF-DETERMINATE SENTENCE, THEREFORE, IS DETERMINED, FIRST, BY THE TYPE OF CRIME AN OFFENDER COMMITS AND, SECOND, BY THE EFFORT AN OFFENDER MAKES DURING SENTENCE TO COMPENSATE FOR CRIME. THE EFFECTS OF THE SELF-DETERMINATE SENTENCE ON PRISON ROUTINE, PARTICULARLY IN ENGLAND AND ITS APPLICATION ON AN INTERNATIONAL SCALE ARE EXAMINED. POSSIBLE OBJECTIONS TO THE SELF-DETERMINATE SENTENCE APPROACH ARE ENUMERATED. (DEP)