NCJ Number
70924
Date Published
1979
Length
23 pages
Annotation
Major reforms in the law of sanctions in the United States, Germany, Austria, and France are discussed.
Abstract
In the United States, the concept of rehabilitation that for many decades dominated the criminal justice system and manifested itself in the indeterminate sentence as well as the vast discretionary powers of the parole board recently has come under attack. Retribution and deterrence are now favored as the major aims of punishment. Definite sentences are advocated, while simultaneously, attempts are made to provide more effective treatment for offenders. New forms of community-based corrections and pretrial diversion are being developed. Recent reforms in the Federal Republic of Germany and Austria, however, were guided by the intent to liberalize and humanize punishment and rehabilitate the criminal. Prison sentences have been restricted; probation has been extended; fines have become widely used for offenses of medium gravity; and a new scheme of day fines has been introduced. German and Austrian law adhere to the classic philosophy of European penal law that the offender's guilt is to be the basis of punishment. However, French law follows the new theory of social defense which emphasizes the offender's sense of responsibility and clearly orients penal sanctions toward the offender's rehabilitation. Probation and parole decisions, the frequency of maximum sentences (i.e., life imprisonment, capital punishment), and the use of fines in the four countries are further detailed. Over 100 reference notes are appended.