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Indeterminate Incarceration of Dangerous Recidivists 1971-1986

NCJ Number
107587
Author(s)
H Pihlajamaki
Date Published
1987
Length
68 pages
Annotation
This is an empirical study of inmates serving indeterminate sentences in the Finnish prisons after 1971 when the law was changed to restrict such sentences.
Abstract
Indeterminate incarceration in Finland refers to the practice of identifying dangerous recidivists and, as a means of controlling this group, incarcerating them for an unspecified time beyond the court sentence for their offenses. As a result of the amended legislation, the number of indeterminately sentenced inmates decreased from approximately 300 to 10 to 20. This was largely due to the removal of relatively harmless offenders (those convicted of property crimes) from indeterminate sentencing. Of the 44 inmates studied, 14 were sentenced prior to 1971. Ages of the subjects at the time of sentencing ranged from 22 to 70 years old. Because all who received indeterminate sentencing were recidivists, they were older than the general population of violent criminals. More than half (26) of the subjects' crimes involved violent crimes under the influence of alcohol. Even though the sentence for most violent crimes is typically long, and indeterminate sentences are imposed on those guilty of the most heinous crimes, the majority of subjects received a sentence of less than 8 years. This is because the majority of those indeterminately sentenced were diagnosed as mentally retarded. Indeterminately sentenced inmates are held until they are no longer considered dangerous; then they are paroled. This report argues that an erroneous decision of indeterminate sentencing may mean more years of incarceration for someone who can become even more dangerous, and a correct prediction of recidivism may merely postpone the repeat of violent crimes. There are no significant statistics that indicate determinate sentencing has a significant effect on the rate of violent crime. 11 tables and 34 references