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Advancement of the Fourth Generation of Sanctions in Western Europe (From Resource Material Series No. 36, P 21-36, 1989 -- See NCJ-135660)

NCJ Number
135662
Author(s)
P J P Tak
Date Published
1989
Length
16 pages
Annotation
Alternative sanctions represent the "fourth generation" of sanctions in Europe and include such options as victim compensation, curfews, electronic monitoring, fines, suspended sentences, and community service.
Abstract
All European criminal legislation has provisions to punish offenders with deprivation of rights. The most frequently applied sanction of this kind is suspension of the driving license. In several countries, including Greece and Turkey, the possibility of introducing community service has not been discussed at all. Spain has considered the idea of community service, but has not introduced any legislative proposals. The most important reason why countries have not proposed community service is that they do not have the necessary infrastructure, i.e., a well-organized probation service. Norway, Denmark, and the Netherlands are experimenting with community service. Countries that have implemented community service in their statutory sanction systems include the United Kingdom, France, Portugal, Italy, Germany, Luxembourg, Norway, and Switzerland. In both Germany and Portugal, community service functions as an alternative to day fines. Factors negatively affecting the court's use of community service orders relate to reservations about the sanction's punitive character, rehabilitation, recidivism, and supervision. Contract treatment is the most recent alternative sanction provided for in 1988 Swedish legislation. This type of treatment is intended for persons who misuse alcohol or drugs and for persons where any other circumstances directly instrumental in criminal activity require care or treatment. 55 notes