NCJ Number
61833
Journal
Hofstra Law Review Volume: 7 Issue: 2 Dated: (WINTER 1979) Pages: 417-456
Date Published
1979
Length
40 pages
Annotation
THE NEGATIVE CONSEQUENCES OF IMPRISONMENT FOR THE OFFENDER AND SOCIETY ARE IDENTIFIED, AND POSSIBLE ALTERNATIVES TO IMPRISONMENT ARE DISCUSSED.
Abstract
EMPIRICAL EVIDENCE DOES NOT SHOW THAT PRISONS, WITH THEIR ATTENDANT EVILS, ARE ESSENTIAL TO COMMUNITY PEACE AND SECURITY. ALTHOUGH RESEARCH DOES NOT SHOW A CLEAR SOCIAL POLICY THAT CAN BE EXPECTED TO ELIMINATE OR REDUCE CRIME AND VIOLENCE, SOCIETY SHOULD RESPOND TO CRIME AND OFFENDERS IN A NONVIOLENT, JUST MANNER CONSISTENT WITH SOPHISTICATED MORAL VALUES. THE CRIMINAL JUSTICE SYSTEM SHOULD FOCUS UPON THE DEVELOPMENT OF A VARIETY OF NONINCARCERATIVE ALTERNATIVES FOR DEALING WITH OFFENDERS. SOME OF THESE ALTERNATIVES ARE (1) PROBATION, WHICH PROVIDES FOR CLOSE SUPERVISION OF OFFENDERS WHILE THEY MAINTAIN NORMAL COMMUNITY TIES; (2) THE DEVELOPMENT OF CIVIL PROCEEDINGS WHICH PERMIT A VICTIM TO COLLECT DAMAGES FROM AN OFFENDER; (3) USE OF THE 'COMPOSITION,' WHICH IS AN ADJUSTMENT BETWEEN PARTIES WHERE A DEFENDANT AGREES, WITH THE APPROVAL OF AN OFFICIATING JUDGE OR PANEL OF ARBITRATORS, TO ACT OR REFRAIN FROM ACTING IN SPECIFIED WAYS, SUCH AS AGREEING TO MAKE RESTITUTION, PERFORM PERSONAL SERVICES, OR CEASE A HAZARDOUS ACTIVITY; (4) PRETRIAL INTERVENTION AND DIVERSION PROGRAMS WHICH DEFER PROSECUTION OF PERSONS LIKELY TO BENEFIT FROM TREATMENT; (5) AN INCREASING USE OF FINES FOR CRIMINAL ACTS; AND (6) REQUIRING OFFENDERS TO PROVIDE SERVICE TO THE VICTIM OR TO THE COMMUNITY TO HELP MEND THE DAMAGE CAUSED. EACH OF THESE ALTERNATIVES HAS ASSOCIATED PROBLEMS THAT MUST BE RESOLVED, BUT EFFORTS TO IDENTIFY AND RESOLVE THESE PROBLEMS MUST DEVELOP A CRIMINAL JUSTICE SYSTEM WHERE IMPRISONMENT IS A RARITY RATHER THAN THE ROUTINE. FOOTNOTES ARE PROVIDED. (RCB)