NCJ Number
49494
Date Published
1978
Length
223 pages
Annotation
PROPOSALS ARE MADE FOR ALTERNATIVE SENTENCES THAT PERMIT ADJUSTMENTS TO BE MADE ACCORDING TO BOTH THE TYPE OF OFFENSE AND THE PERSONALITY OF THE OFFENDER; ALTERNATIVES TO INSTITUTIONALIZATION ARE RECOMMENDED.
Abstract
IT HAS BECOME INCREASINGLY DIFFICULT TO CONSIDER THE IMPOSITION OF PUNISHMENT AN EFFECTIVE MEANS OF COMBATING AND PREVENTING CRIME. IMPRISONMENT OFFERS ONLY TWO ADVANTAGES--THE PREVENTION OF PRISONERS FROM COMMITTING FURTHER OFFENSES AGAINST SOCIETY, AND THE GUARANTEE THAT THEY WILL ACTUALLY SERVE THEIR SENTENCES. HOWEVER, THE DISADVANTAGES OF A PRISON SENTENCE ARE WELL KNOWN--DISRUPTION OF FAMILY, SOCIAL, AND PROFESSIONAL TIES, AND CONTAMINATION THROUGH CONTACT WITH HARDENED CRIMINALS. THE ENGLISH LEGAL SYSTEM HAS REMEDIED THIS SITUATION BY PERMITTING OFFENDERS TO DO SUCH COMMUNITY SERVICE WORK AS HELPING IN HOSPITALS, ASYLUMS, AND DAY CARE CENTERS, OR PERFORMING ENVIRONMENTAL TASKS SUCH AS RAKING OR MAINTENANCE. IN THE IMPLEMENTATION SENTENCING ALTERNATIVES, PERSONAL SITUATIONS MUST BE TAKEN INTO ACCOUNT; I.E., THE SERVICE SHOULD NOT INTERFERE WITH THE OFFENDERS' REGULAR JOBS. IF THE PENALTY PROVIDES A SATISFYING AND POSITIVE EXPERIENCE TO BOTH SOCIETY AND THE OFFENDER, THEN THIS UNDOUBTEDLY HAS ALSO BEEN PREVENTATIVE. SENTENCES BENEFICIAL TO SOCIETY SUCH AS REPAIRING THE DAMAGE DONE TO THE VICTIM, OR PAYING FINES BY MAKING A WEEKLY OR MONTHLY FORFEITURE OF ALL INCOME BEYOND THE INDIVIDUALS' MINIMUM LIVING REQUIREMENTS CAN EACH BE AS SEVERE FROM THE OFFENDERS' INDIVIDUAL STANDPOINT AS DEPRIVATION OF THEIR LIBERTY. INDIVIDUALIZED SENTENCING AND THE EXTENSIVE CHANGES THESE ALTERNATIVES WOULD BRING TO THE PRISON SYSTEM MUST BE CAREFULLY AND COMPHRENSIVELY RESEARCHED TO DETERMINE THE TYPE OF PUNISHMENT BEST SUITED TO EACH TYPE OF CRIMINAL. EXTENSIVE REFERENCES ARE PROVIDED. FOR AN ENGLISH SUMMARY TRANSLATION, SEE NCJ-59507--IN FRENCH. (MHP)