NCJ Number
49479
Date Published
1976
Length
56 pages
Annotation
THIS REPORT REVIEWS AVAILABLE LITERATURE ON THE EFFECTIVENESS OF ALTERNATIVE SANCTIONS APPLICABLE BY CRIMINAL COURT JUDGES AND CONSIDERS THE EXTENT OF THEIR USE BY JUDGES IN THE NETHERLANDS.
Abstract
AN ALTERNATIVE SANCTION IS ANY SETTLEMENT OF A CRIMINAL CASE NOT RESULTING IN ACQUITTAL, DISMISSAL, OR CONTINUOUS IMPRISONMENT, INCLUDING POSTPONEMENT OF TRIAL, CONVICTION WITHOUT PUNISHMENT, CONVICTION WITH SUSPENDED SENTENCE, DEFINITIVE MEASURES NOT INVOLVING CONFINEMENT, CONDITIONAL NONCONFINING MEASURES, FREEDOM-LIMITING MEASURES THAT ARE NOT IMPOSED CONTINUOUSLY, AND CONFINING MEASURES NOT IMPOSED CONTINUOUSLY. EVIDENCE INDICATES THAT THE REPLACEMENT OF A SHORT PRISON SENTENCE WITH AN ALTERNATIVE SANCTION HAS NOT LED TO AN INCREASE IN CRIMINALITY. HOWEVER, THE INTRODUCTION OF ALTERNATIVE SANCTIONS MIGHT HAVE A NEGATIVE EFFECT ON THE POLICE BECAUSE THEY MAY CONSIDER A SANCTION TOO LIGHT FOR A CERTAIN CRIME, RESULTING IN THEIR RELUCTANCE TO INVESTIGATE. IN GENERAL, ALTERNATIVE SANCTIONS ARE EQUAL TO AND SOMETIMES MORE EFFECTIVE THAT SHORT-TERM PRISON SENTENCES. CERTAIN SIDE EFFECTS, SUCH AS RECIDIVISM, STIGMATIZATION, AND DIFFICULTIES WITH RESOCIALIZATION, DO NOT OCCUR OR OCCUR TO A LESSER DEGREE. ALSO, ALTERNATIVE SANCTIONS INVOLVING RESTITUTION OR COMPENSATION ARE MORE EFFECTIVE THAN CONFINEMENT IN RESOLVING CONFLICTS BETWEEN OFFENDERS AND THEIR VICTIMS. CONTINUED USE OF ALTERNATIVE SANCTIONS COULD ALSO LEAD TO A REDUCTION IN THE NUMBER OF FACILITIES NEEDED FOR CONTINUOUS CONFINEMENT. HOWEVER, IN THE NETHERLANDS, SUCH ALTERNATIVE SANCTIONS COULD BE INTRODUCED IN ONLY AN EXTREMELY LIMITED NUMBER OF CASES--LESS THAN 2,000--AND THEIR IMPLEMENTATION IN SUCH A SMALL NUMBER OF INSTANCES MIGHT BE TOO EXPENSIVE AND MAY BE ACCOMPANIED BY THE SAME SIDE-EFFECTS ASSOCIATED WITH SHORT PRISON TERMS. --IN DUTCH. (KBL)