NCJ Number
45881
Journal
POLISH SOCIOLOGICAL BULLETIN Volume: 1 Issue: 33 Dated: (1976) Pages: 43-51
Date Published
1976
Length
9 pages
Annotation
THE PUNITIVE COMPONENT OF CRIMINAL JUSTICE SYSTEMS (CJS) IS EXAMINED IN THE CRIMINAL STATISTICS OF 17 EUROPEAN COUNTRIES AND THE POSSIBLE MANNERS OF FORMALLY HANDLING OFFENDERS.
Abstract
EVERY CJS CONSISTS OF FOUR COMPONENTS: THE LEGAL FRAMEWORK, PERSONNEL, SOCIETY, AND THE OFFENDERS. THE INTERACTION OF THESE COMPONENTS RESULTS IN THE SYSTEM'S DEGREE OF PUNITIVENESS, DEFINED AS A TENDENCY TO MAKE BROAD USE OF MEASURES PROVIDED BY THE LAW TO CURB BEHAVIOR PRESUMED TO BE SOCIALLY UNDESIRABLE AND A TENDENCY TO USE MORE SEVERE PENAL SANCTIONS WHICH INFLICT MORE SEVERE SUFFERING AND INTERFERE TO A GREATER EXTENT WITH THE CIVIL RIGHTS OF THE OFFENDER RATHER THAN LESS SEVERE AND LESS RESTRICTIVE MEASURES. TO COMPARE PUNITIVENESS, IT IS ASSUMED THAT BREADTH AND INTENSITY ARE GRADABLE DIMENSIONS, AND THAT THE MOST DANGEROUS AND UNDESIRABLE BEHAVIORS FOR A PARTICULAR SOCIAL ORDER ARE LABELED AS PENAL OFFENSES. SINCE CAPITAL PUNISHMENT HAS BEEN ABOLISHED IN MANY OF THE EUROPEAN COUNTRIES STUDIED AND IS ONLY RARELY PRONOUNCED IN MOST OTHERS, CAPITAL PUNISHMENT CANNOT BE RELIED ON IN ESTABLISHING THE PUNITIVENESS OF A CJS. HOWEVER, LARGE DIFFERENCES ARE FOUND IN THE USE OF UNCONDITIONAL DEPRIVATION OF LIBERTY (CUSTODIAL TREATMENT): CUSTODIAL TREATMENT IS CONSIDERED APPROPRIATE FOR 51 PERCENT OF OFFENDERS IN AUSTRIA; 37 PERCENT IN DENMARK; 36 PERCENT IN NORWAY; 33 PERCENT IN HUNGARY; AND ONLY 12 TO 13 PERCENT IN BELGIUM, ENGLAND, AND WALES. A COMPARISON OF THE LENGTHS OF SENTENCES PASSED ALSO REVEALS STRIKING DIFFERENCES AMONG COUNTRIES; TERMS OF UP TO 3 MONTHS ARE PASSED FOR 69 PERCENT OF ALL SENTENCES IN AUSTRIA 62 PERCENT IN SCOTLAND, 50 PERCENT IN DENMARK, 45 PERCENT IN YUGOSLAVIA, AND 11 PERCENT IN POLAND; TERMS OF OVER 1 YEAR ARE PASSED FOR 34 PERCENT OF OFFENDERS IN POLAND, 13 PERCENT IN DENMARK, 12 PERCENT IN SCOTLAND, AND 6 PERCENT IN AUSTRIA. FURTHER DIFFERENCES AMONG COUNTRIES ARE FOUND IN THE PROPORTION OF THE INCARCERATED POPULATION AWAITING TRIAL, THE LENGTH OF TIME SPENT IN A PENAL INSTITUTION, AND THE DIFFERENCE BETWEEN THE SENTENCE IMPOSED AND THE ACTUAL TIME SERVED. UNEXPECTEDLY GREAT DIFFERENCES IN THE DEGREE OF PUNITIVENESS OF THE CJS ARE SEEN AMONG SEVERAL COUNTRIES. THIS DISPARITY APPEARS TO BE UNAFFECTED BY CULTURAL, SOCIAL, OR POLITICAL DIFFERENCES. NOR IS PUNITIVENESS STABLE OVER TIME: SOME COUNTRIES HAVE BECOME MORE PUNITIVE, WHILE OTHERS HAVE BECOME LESS SO. A CORRELATION IS ALSO SEEN BETWEEN THE CRIME RATE AND THE SIZE OF THE PRISON POPULATION RELATIVE TO THE GENERAL POPULATION. THE POSSIBLE RELATIONSHIP OF ATTITUDES TOWARD CRIME TO CRIME RATE AND SIZE OF PRISON POPULATION IS BRIEFLY DISCUSSED. IT IS SUGGESTED THAT NO SINGLE EXPLANATION SEEMS SUFFICIENT IN ACCOUNTING FOR THESE DIFFERENCES IN PUNITIVENESS, NOR DOES DEGREE OF PUNITIVENESS SEEM TO GREATLY AFFECT THE RATE OF CRIME. POSSIBLE FACTORS DETERMINING PUNITIVENESS INCLUDE HISTORY AND TRADITION, SOCIAL VALUES AND ATTITUDES, AND THE DEGREE OF DIFFUSION OF KNOWLEDGE FROM THE SOCIAL SCIENCES TO THE CJS. A TABLE OF SELECTED INDICES OF PUNITIVENESS IN 16 COUNTRIES AND THE UNITED KINGDOM IS ALSO INCLUDED. (JAP)