NCJ Number
34537
Journal
Journal of California Law Enforcement Volume: 10 Issue: 4 Dated: (APRIL 1976) Pages: 136-143
Date Published
1976
Length
8 pages
Annotation
AN ECONOMIC THEORY, BASED ON THE CONCEPT OF PUNISHMENT AS THE EXTRACTION OF SOME AMOUNT OF 'UTILITY' FROM THE OFFENDER THAT IS COMMENSURATE WITH THE DISUTILITY SUFFERED BY SOCIETY, IS USED TO ANALYSE THE USE OF FINES.
Abstract
THE USE OF FINES AS A MEANS OF PUNISHMENT FOR SOME CRIMES IS DEFENDED ON ECONOMIC GROUNDS, AS IS THE USE OF IMPRISONMENT AS AN ALTERNATIVE TO PAYMENT. THE AUTHORS SUGGEST THAT PUNISHMENT SHOULD BE IMPOSED UPON PERSONS OF DISPARATE INCOMES IN SUCH A WAY AS TO INFLICT EQUAL DISUTILITY. SYSTEMS ARE DESCRIBED IN WHICH THE PRISON SENTENCE ALTERNATIVE IS OF FIXED DURATION, WITH THE FINES GRADUATED ACCORDING TO THE INCOME OF THE OFFENDER. SUCH A SYSTEM, IT IS SAID, IS EQUITABLE AND LESS SUSCEPTIBLE TO SUCH DISTORTING FACTORS AS INFLATION THAN ALTERNATIVE SYSTEMS IN WHICH FINES REMAIN CONSTANT AND SENTENCING IS GRADUATED.