NCJ Number
127809
Date Published
1991
Length
20 pages
Annotation
This West German study examines problems with the use of fines and their expanded use in that country.
Abstract
Data were collected by investigating two random samples of offenders convicted and sentenced in 1972 (1,823) before introduction of the day fine system, and in 1975 (451) after introduction of the day fine system. The sample covers primarily traffic offenses, property offenses, assault, and fraud. Data on recidivism were obtained by following up each offender from the 1972 sample for a minimum of 5 years using court records. Interviews with judges and public prosecutors included requests for their sentencing recommendations in four simulated cases. The research was conducted in the State of Baden-Wurttemberg. A fine was found to be the typical penalty for the first offender over all categories of offenses studied. The survey of fine collection and fine enforcement indicates that about half of all fines were paid immediately after sentence. Others were allowed to pay their fines in installments. The small number of fine defaulters received alternative sentences. Recidivism occurred in 31 percent of all cases. This compared with recidivism rates of 55 percent for suspended prison sentences and 75 percent for prison sentences. Overall, data indicate that fines are an effective alternative to imprisonment for first-time, minor offenders. 4 tables and 23 references