NCJ Number
52807
Journal
Howard Journal of Penology and Crime Prevention Volume: 17 Issue: 3 Dated: (1978) Pages: 133-148
Date Published
1978
Length
16 pages
Annotation
A CRITIQUE IS PRESENTED OF RESEARCH FINDINGS PERTAINING TO THE PURPOSES AND RELATIVE EFFECTIVENESS OF SENTENCING OPTIONS IN ENGLAND.
Abstract
THE CRITIQUE, WHICH ALSO DRAWS ON FINDINGS FROM AMERICAN RESEARCH, POINTS UP ASPECTS OF RESEARCH ON TREATMENT EFFECTIVENESS THAT PROVIDE GROUNDS FOR NOT ABANDONING THE REHABILITATIVE IDEAL (E.G., THE FACT THAT ONLY A FEW SENTENCING ALTERNATIVES AND A RELATIVELY SMALL PROPORTION OF THE OFFENDER POPULATION HAVE BEEN STUDIED, FINDINGS BY SEVERAL STUDIES THAT REHABILITATIVE EFFORTS CAN BRING IMPROVEMENTS, AND THE SHORTCOMINGS OF RECIDIVISM AS A MEASURE OF TREATMENT EFFECTIVENESS). CONSIDERATION IS ALSO GIVEN TO RESEARCH LINKING SENTENCING ALTERNATIVES TO THE GOALS OF DETERRENCE; PROTECTION OF THE PUBLIC; EFFICIENCY, ECONOMY, AND EXPEDIENCY IN THE ADMINISTRATION OF CRIMINAL JUSTICE; AND ASSURANCE OF JUSTICE, FAIRNESS, AND HUMANITY. FURTHER RESEARCH ON FINES, RESTITUTION, AND COMMUNITY SERVICE ORDERS AS SENTENCING ALTERNATIVES FOR OFFENDERS FOR WHOM CUSTODY IS INEFFECTIVE OR INAPPROPRIATE IS ADVISED, AS IS CONTINUTED EVALUATION OF BEHAVIOR MODIFICATION TECHNIQUES. IT IS PREDICTED THAT ADDITIONAL RESEARCH ON ENGLAND'S PROBATION AND AFTERCARE SERVICES WILL FIND THAT ENHANCED SUPPORT SERVICE AND ADMINISTRATIVE CAPACITY, RATHER THAN MORE PROBATION OFFICERS OR LESS FREQUENT USE OF PROBATION, IS NEEDED. IT IS ALSO CONCLUDED THAT THE DETERRENT EFFECT OF PENALTIES HAS NOT BEEN ADEQUATELY EVALUATED. STUDIES OF DETERRENCE HAVE FOCUSED ON OFFENSES INVOLVING HUMAN PASSIONS AND A MINIMUM OF FORESIGHT AND CALCULATION. A SECOND FACTOR THAT MAY BE MASKING THE TRUE DETERRENT EFFECT OF PENALTIES IS THE RELUCTANCE OF SOME JUDGES TO DISPENSE STIFF SENTENCES. IT IS SUGGESTED THAT DETERRENCE RESEARCH FOCUS ON THE PSYCHOLOGICAL PROCESSES INVOLVED IN DETERRENCE, THE MEANS BY WHICH THESE PROCESSES ARE ENHANCED, AND THE TYPES OF PEOPLE LIKELY TO BE DETERRED. A LIST OF REFERENCES IS INCLUDED. (LKM)