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Penal Reform in the Netherlands, Part 2 - Criteria for Deciding on Alternatives to Imprisonment

NCJ Number
82288
Journal
Howard Journal of Penology and Crime Prevention Volume: 21 Issue: 1 Dated: (1982) Pages: 35-47
Author(s)
L Hulsman
Date Published
1982
Length
13 pages
Annotation
New sanctions as an alternative to imprisonment should not be introduced before their capacity for reducing custodial sentences is compared with other methods of bringing about such a reduction.
Abstract
Any consideration of the possible introduction of an alternative sanction should always take into account its potential influence on the community's absorption of events which could lead to criminalisation. Changes in civil law can contribute to an increase in the possibilities of 'civilisation' of conflicts on a community level and thus to a reduction of the number of events processed by the criminal justice system. Other important matters to take into account in assessing alternatives to imprisonment are their possible influence on: (i) the 'policy-assessing' role of the criminal law judge: (ii) the influence on the (un) controllability of the penal system; and (iii) the effects on public perception of events which can lead to criminalisation. (Author abstract)

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