NCJ Number
145928
Journal
British Journal of Criminology Volume: 33 Issue: 4 Dated: (Autumn 1993) Pages: 481-503
Date Published
1993
Length
23 pages
Annotation
The "dispersal of discipline" thesis is tested against the introduction in Scotland of the prosecutor fine, a diversionary measure used in several European jurisdictions.
Abstract
The prosecutor fine gives an alleged offender the chance of avoiding prosecution by paying an immediate financial penalty and represents an effort to divert cases from criminal courts. Introduced in Scotland in 1988, the fiscal fine has been used as much as the custodial sentence to dispose of criminal cases. Considerable variations occur among offices, however, in fiscal fine use. The fiscal fine has created a significant degree of net widening within Scotland's criminal justice system. In one study, over two- thirds of those offered a fiscal fine accepted the opportunity to avoid prosecution and a possible criminal conviction; most paid by lump sum, immediately ending their involvement within the criminal justice system. Of the one- third who did not accept the offer of a fiscal fine, a narrow majority were later convicted in district court. The study findings indicate that the fiscal fine does not strengthen the state's network of social control in Scotland. Rather, the fiscal fine appears to represent a move toward a more administrative style of criminal justice. 24 references, 38 footnotes, 2 tables, and 3 figures