LONG TIME INCARCERATION? (FROM PAPERS ON CRIME CONTROL, 1977-1978, BY INKERI ANTTILA - SEE NCJ-58108)

• NCJ Number: 58109
• Author(s): I ANTTILA
• Date Published: 1978
• Length: 10 pages
• Corporate Author: Research Institute of Legal Policy
• Sale Source: National Institute of Justice/
• Language: English
• Country: Finland
• Note: PREPARED STATEMENT FOR SEMINAR ON EFFECTS OF LONG-TERM INCARCERATION, MONT GABRIEL, CANADA, JUNE 9-11, 1977

Annotation

THE RATIONALE AND LIKELY EFFECTS OF A CANADIAN LAW IMPOSING A 25- OR 15-YEAR MINIMUM PRISON TERM FOR MURDER ARE EXAMINED CRITICALLY, WITH REFERENCE TO CORRECTIONS PRACTICES IN FINLAND AND OTHER SCANDINAVIAN COUNTRIES.

Abstract

THE GOALS OF THE LAW ARE THE PROTECTION OF SOCIETY THROUGH LONG-TERM INCARCERATION OF DANGEROUS OFFENDERS, GENERAL DETERRENCE THROUGH THE THREAT OF A SEVERE SENTENCE, AND REFORM. THE VALIDITY OF THE PROTECTION GOAL IS BROUGHT INTO QUESTION BY FINNISH RESEARCH FINDINGS THAT MURDERERS RELEASED THROUGH PARDON RARELY KILLED AGAIN. WITH REGARD TO GENERAL DETERRENCE, IT IS QUESTIONABLE WHETHER MOST PEOPLE CAN GRASP THE CONCEPT OF 25 YEARS. CORRECTIONS STATISTICS FROM SWEDEN, DENMARK, NORWAY, AND FINLAND INDICATE THAT, AT LEAST IN SCANDINAVIAN COUNTRIES, THE SAME GENERAL DETERRENCE COULD BE ACHIEVED WITH 8 TO 10 YEARS AS WITH A 25- OR 15-YEAR MINIMUM. THE PREVAILING OPINION IN SCANDINAVIA IS THAT PRISON IS THE WORST POSSIBLE PLACE FOR REFORMING OFFENDERS AND THAT THE DRAWBACKS OF PRISON AS A SETTING FOR REHABILITATION ARE ONLY MAGNIFIED BY LONG PRISON TERMS. SOCIETY GOES DANGEROUSLY ASTRAY WHEN IT ALLOWS ITSELF TO BELIEVE THAT PRISON IS FOR THE BENEFIT OF THE PRISONER. OFFENDERS MUST RECEIVE TRAINING AND TREATMENT WHILE THEY ARE IN PRISON, BUT TREATMENT SHOULD NOT BE CITED AS THE REASON FOR INCARCERATION. THE CANADIAN LAW MAY HAVE SOME SIDE-EFFECTS AS LOOPHOLES AND DETOURS ARE SOUGHT TO AVOID ITS SEVERE PENALTY (E.G., REQUIRING MORE CONCLUSIVE EVIDENCE FOR CONVICTION, SENTENCING FOR LESSER OFFENSES, FINDING MORE DEFENDANTS NOT CRIMINALLY RESPONSIBLE). THESE PRACTICES COULD LESSEN PUBLIC FAITH IN THE PRINCIPLES OF JUSTICE AND IN THE EQUALITY OF THE COURT SYSTEM. THE LAW MAY ALSO PLACE POLICE IN A DANGEROUS POSITION, AS OFFENDERS BECOME MORE WILLING TO RESIST ARREST TO AVOID LONG-TERM INCARCERATION. THE NEW LAW MAY ALSO BRING MORE ESCAPES BY DANGEROUS INMATES, AS WELL AS A TENDENCY FOR THE GENERAL PUBLIC TO BECOME USED TO SEVERE PUNISHMENTS. THE DETRIMENTAL IMPACT OF THE LAW COULD BE LESSENED THROUGH THE USE OF PARDONS AND THROUGH EFFORTS TO REDUCE PRISONIZATION EFFECTS. CORRECTIONS STATISTICS FROM FINLAND FOR 1895 THROUGH 1976 ARE INCLUDED. (LKM)