NCJ Number
163809
Journal
Criminal Justice Ethics Volume: 13 Issue: 1 Dated: (Winter/Spring 1994) Pages: 50-57
Date Published
1994
Length
8 pages
Annotation
Because conditional sentences are commonly encountered but are rarely considered in sentencing literature, this paper assesses the extent to which conditional sentences are compatible with modern sentencing systems based on just deserts principles.
Abstract
Conditional sentences impose no immediate deprivation upon the offender and place the offender under a condition not to reoffend for a stated period of time. In essence, conditional sentences are inchoate sanctions held over the offender by the court and become effective only if the offender commits a further crime. Conditional sentences include suspended fines, conditional discharges, and suspended prison sentences. They vary according to the specificity of the threat and the predictability of the penalty for breach. When the offender commits a further crime during the conditional sentence, the court must sentence for the new offense and revoke the conditional sentence. Benefits of conditional sentences include the avoidance of more severe sanctions, special deterrence, sanction individualization, and leniency toward first offenders. Conditional sentences are discussed in the context of just deserts principles and sentencing reform. 28 notes