NCJ Number
43460
Date Published
1977
Length
74 pages
Annotation
SENTENCING SELECTED OFFENDERS TO PERFORM SERVICES FOR THE COMMUNITY HAS BECOME AN INCREASINGLY POPULAR OPTION FOR JUDGES; SEVERAL TYPES OF COMMUNITY SERVICE ALTERNATIVE SENTENCING PROGRAMS ARE SET FORTH.
Abstract
PREMISED ON THE NOTION THAT A FINE AND/OR JAIL TERM IS NOT ALWAYS IN THE BEST INTEREST OF SOCIETY OR THE OFFENDER, MANY COURTS HAVE EMBRACED THE CONCEPT OF COMMUNITY SERVICE IN LIEU OF THE TRADITIONAL SENTENCES, PARTICULARLY IN CASES INVOLVING MISDEMEANORS. THIS DOCUMENT SETS FORTH SEVERAL TYPES OF COMMUNITY SERVICE ALTERNATIVE SENTENCING PROGRAMS (ALSO KNOWN AS COURT REFERRAL PROGRAMS) AND DISCUSSES THE ISSUES AND PROBLEMS TYPICALLY AND/OR POTENTIALLY FACING THESE PROGRAMS. AFTER AN INTRODUCTORY CHAPTER DISCUSSING THE THEORY BEHIND ALTERNATIVE SENTENCING, CHAPTER 2 DESCRIBES THREE DIFFERENT TYPES OF ALTERNATIVE COMMUNITY SERVICE OR COURT REFERRAL PROGRAMS AND DISCUSSES THE MAJOR ISSUES OF CONCERN TO PLANNERS AND ADMINISTRATORS OF SUCH PROJECTS. CHAPTER 3 DISCUSSES THE LEGAL ISSUES CONCERNING SENTENCING TO COMMUNITY SERVICE, INCLUDING THE STATUTORY BASES AND LEGAL AUTHORITY FOR SUCH SENTENCING, POTENTIAL CONSTITUTIONAL ISSUES, AND THE INCREASINGLY TROUBLESOME ISSUE OF POTENTIAL TORT LIABILITY OF COURT REFERRAL PROGRAMS. THE FOURTH AND FINAL CHAPTER IS A DISCUSSION OF THE NEED AND METHODS FOR MONITORING AND EVALUATING COURT REFERRAL PROGRAMS. THE EXTENT TO WHICH COMMUNITY SERVICE SENTENCING IS CURRENTLY BEING USED AND ITS IMPACT ON THE JUDICIAL SYSTEM ARE QUESTIONS YET TO BE ANSWERED. HOWEVER, THE PROJECTS AND THEIR RESULTS DESCRIBED IN THIS DOCUMENT SUGGEST THAT SENTENCING TO COMMUNITY SERVICE AS AN ALTERNATIVE TO FINES AND JAIL MAY BE OF BENEFIT TO INTERESTED COMMUNITIES. (AUTHOR ABSTRACT MODIFIED)