NCJ Number
42811
Journal
ANUARIO DEL INSTITUTO DE CIENCIAS PENALES Y CRIMINOLOGICAS Issue: 5 Dated: (1973) Pages: 43-52
Date Published
1973
Length
10 pages
Annotation
THE APPLICATION AND CONDITIONS OF COURT DIVERSION, THE SUSPENDED SENTENCE, AND PROBATION, PARTICULARLY UNDER THE PROVISIONS OF A PROPOSED DRAFT BILL, ARE DISCUSSED AND COMPARED.
Abstract
WHILE ALL THREE HAVE BEEN ADVOCATED FOR USE IN PLACE OF JAIL OR PRISON SENTENCES OF UP TO FIVE YEARS, THE PROCEDURES AND QUALIFICATIONS FOR EACH DO DIFFER. THE SUSPENDED SENTENCE MOST OFTEN APPLIED IN CASES INVOLVING NON-DANGEROUS FIRST OFFENDERS WHO AGREE TO MAKE RESTITUTION TO THE VICTIMS OF THE CRIME, IS GRANTED ONLY AFTER THE PRONOUNCING OF A SENTENCE OF IMPRISONMENT. IT CAN BE REVOKED DUE TO SUBSEQUENT OFFENSES OF FOR FAILURE TO MAKE RESTITUTION ANYTIME DURING THE TWO-TO-FIVE YEAR PERIOD FOLLOWING THE SUSPENSION-PROBATION, ON THE OTHER HAND, IT IS NOT TIED TO A PRIOR SENTENCE OF IMPRISONMENT AND INVOLVES SUPERVISION AND ASSISTANCE BY PROBATION OFFICERS OR SPECIALLY TRAINED SOCIAL WORKERS. THE VENEZUELAN DRAFT BILL PROPOSED IN 1970 WOULD PROVIDE DIVERSION FOR FIRST OFFENDERS WHO ARE GOOD RISKS AND WHOSE OFFENSES CARRY A MAXIMUM SENTENCE OF NO MORE THAN FIVE YEARS. SUSPENSION OF SENTENCE WOULD BE MADE AVAILABLE TO RECIDIVISTS HAVING PRIOR SENTENCES OF NO MORE THAN TWO YEARS OR PRISON SENTENCES OF NO MORE THAN A YEARS, WHOSE CURRENT OFFENSE CARRIED A MAXIMUM TERM OF NO MORE THAN EIGHT YEARS. IN ADDITION, A THREE-MEMBER DIAGNOSTIC TERM, CONSISTING OF A SOCIAL WORKER, A PSYCHIATRIST OR PSYCHOLOGIST, AND CRIMINOLOGIST WOULD BE SET UP TO DECIDE THE MOST APPROPRIATE SENTENCING ALTERNATIVE IN EACH CASE, THUS PERMITTING INDIVIDUALIZED TREATMENT AND SENTENCING. REFERENCES ARE INCLUDED. --IN SPANISH,,,ELW