NCJ Number
102313
Journal
Journal of Legislation Volume: 12 Issue: 2 Dated: (Summer 1985) Pages: 225-242
Date Published
1985
Length
18 pages
Annotation
This note discusses court ordered work and restitution as alternatives to incarceration, examines the implementation problems of current alternative sentencing legislation, and proposes a model State law for alternative sentencing.
Abstract
Supervised work is an appropriate alternative to imprisonment for a young first offender who would be emotionally damaged by prison and for an older person for whom prison would be too harsh. Monetary restitution to the victim and court ordered work satisfy three of the four rationales for punishment: retribution, deterrence, and rehabilitation. Incapacitation can only be achieved through incarceration or capital punishment. Before the court decides whether an offender should be sentenced to one of the alternatives, offender and victim profiles should be provided for the court. An offender profile assists in determining whether an incarceration alternative is suitable, and a victim profile assists in determining how a work or restitution sentence might meet victim needs. Existing alternative sentencing legislation (Florida, California, and Maine laws being examples) do not provide sufficient direction to sentencing courts, thus allowing for sentencing disparity. The appended model statute is flexible, permitting States to use it as presented or modify it to fit a State's existing penal system. The model eliminates the ambiguity of existing legislation and provides guidelines for imposing alternative sentences. 133 footnotes.