NCJ Number
84169
Date Published
1982
Length
34 pages
Annotation
Following a critique of average prison population rates as a measure of penal climate, this paper compares corrections systems in the Netherlands, West Germany, and Sweden by analyzing differences in sentencing practices as well as prison populations.
Abstract
The Dutch corrections system has attracted considerable international attention because of its low imprisonment rates. In 1978, the number of Dutch prisoners per 100,000 of the population was 22, compared to 89 in West Germany and 52 in Sweden. This criterion presents methodological problems because it takes no account of the crime rate or type of offense committed and obscures relationships between unconditional prison sentences and their length. An analysis of sentencing practices and crime rates in the Netherlands, West Germany, and Sweden reveals that the unconditional prison sentence is more frequently imposed in the Netherlands than in Sweden and significantly more frequently than in West Germany. The average sentence length in the Netherlands, however, is appreciably lower. These results contrast sharply with the picture of the Dutch system presented by average daily population rates. A review of offender populations in the three countries indicates that some differences exist, but not in sufficient quantity to explain variances in unconditional prison sentences. An examination of criminal law and procedures concludes that the nature of court proceedings in West Germany is a major influence on their long custodial sentences and high daily prison populations. The presence of lay assessors in German courts also may create pressures for stiffer sentences, whereas professional Dutch judges generally feel that prison sentences are not beneficial to the accused. The papers provides 27 references in English, Dutch, and German.