Alternatives to Custodial Sentences (From Criminal Law in Action: An Overview of Current Issues in Western Societies, P 279-291, 1988, Jan van Dijk, Charles Haffmans, et al, eds. -- See NCJ-126687)

• NCJ Number: 126706
• Author(s): S A M Stolwijk
• Date Published: 1988
• Length: 13 pages
• Sale Source: Kluwer Law International
• Publication Type: Survey (Cross-Cultural)
• Language: English
• Country: Netherlands

Annotation

Custodial sentences are the backbone of the criminal justice system, but alternative sanctions may be appropriate in some cases.

Abstract

In the Netherlands, the preference for short custodial sentences has attracted a great deal of attention. Between 1965 and 1975, the number of crimes almost doubled, while the percentage of light sentences remained more or less constant. During this same period, a movement arose in the Netherlands that favored replacing even short custodial sentences with alternative sanctions. Specifically, precedence was given to fines in lieu of custodial sentences. The first official move to design alternative sanctions occurred in 1974 when the Alternative Criminal Sanctions Commission was established to investigate changes in sanctions and to replace short custodial sentences. The search for alternatives has been underway for only a brief period and has produced only one new sanction to date, community service. Closely related to the idea of "decarceration" is the limited capacity of the Dutch prison system. In the Netherlands and throughout Europe, there has been greater use of fines, suspended sentences, and probation. Dutch experience with community service, however, indicates that alternative sanctions are not a total substitute for imprisonment. 35 footnotes