NCJ Number
14913
Journal
Michigan Law Review Volume: 72 Issue: 6 Dated: (MAY 1974) Pages: 1161-1180
Date Published
1974
Length
20 pages
Annotation
THE LEAST RESTRICTIVE SANCTION, IMPRISONMENT ONLY FOR SERIOUS CRIME, GENERAL DETERRENCE, OR WHEN ALL ELSE HAS FAILED, A MAXIMUM DESERVED PUNISHMENT ARE CONSIDERED SOUND BASES FOR IMPRISONMENT.
Abstract
THE PRECONDITIONS FOR IMPRISONMENT SET BY THE AUTHOR ARE COMPARED WITH THOSE SET BY THE AMERICAN LAW INSTITUTE MODEL PENAL CODE. THEY INCLUDE UNDUE RISK THAT THE DEFENDANT WILL COMMIT ANOTHER CRIME, NEED FOR TREATMENT REQUIRING INSTITUTIONALIZATION, AND APPROPRIATE FOR THE SERIOUSNESS OF THE CRIME. THE AUTHOR REJECTS THE RISK CRITERION AS LACKING ADEQUATE PREDICTIVE PROCEDURES AND THE CONCEPT OF COERCIVE REHABILITATION AS AN ABUSE OF POWER OVER THE INDIVIDUAL. HE ACCEPTS IMPRISONMENT AS A SYMBOL FOR LABELING THE SERIOUSNESS OF A CRIME.