NCJ Number
79137
Date Published
1979
Length
72 pages
Annotation
The discussions of a roundtable on problems of the administration of criminal justice are summarized.
Abstract
Participants in the discussions are judges, jurists, and law professors in the Netherlands. Topics discussed relate to the justification of criminal law, disadvantages of prison sentences, forced labor as an alternative to prison sentences, other alternatives to prison sentences, alternatives to all other sentences in certain cases, factors decisive in determining whether or not a particular type of offense is punishable by law, and desirable characteristics of criminal justice proceeding. Most people in the group view the activities of the official institutions of criminal law as an indispensible means of protecting and structuring society. However, most group members express concern about the disadvantages of prison sentences (e.g., stigmatization, contact with bad company) and favor elimination of life sentences from criminal law. While forced labor may eliminate some of the disadvantages of prison sentences, compensation for damages is not necessarily achieved through this means, as proponents argue. The group considers it desirable to apply fines and conditional sentences in as many cases as possible. Most group members feel that only a severe breach of the legal order should be punishable. The legal order should depend to a large extent on the predominant needs of the society, although given the plurality of views, it is difficult to define one society. The group is of the opinion that legislators have managed to balance the needs of the accused against the general requirements in the criminal proceedings. But they find that there is too little communication between the judge and the accused. An extensive appendix presents an abolitionist view of the criminal justice system and prison sentences.