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Sentencing (From UNAFEI (United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders) Report for 1978 and Resource Material, P 247-252, 1979 - See NCJ-70911)

NCJ Number
70931
Author(s)
N H A Karunaratne
Date Published
1979
Length
6 pages
Annotation
Sentencing issues discussed by representatives from Brazil, Iraq, Korea, Sri Lanka, and Japan include sentencing alternatives, dispositional decisions, sentencing reform, capital punishment, and measures for mentally disordered offenders.
Abstract
Brazil's representative emphasized the need for alternatives to imprisonment, based on his belief that imprisonment only plunges the offender deeper into the criminal subculture and deviant behavior. Alternatives to imprisonment supported by the workshop group were fines, suspension of rights, publication of sentences for certain types of crimes, confiscation of property gained through crime or used in the commission of crimes, probation, dismissal of charges, community service orders, and donation to charity. Participants also emphasized ways to reduce sentencing disparity. Iraq's representative outlined procedures for investigation and sentencing in Iraq. The workshop group's evaluation of the Iranian system is summarized. Korea's representative focused on the development of standards for dispositions in the criminal justice process. He suggested such methods for reducing sentence disparity as the establishment of an organization to collect background information relevant to sentencing, general discussions between prosecutors and judges regarding sentencing, establishment of an advisory body on sentencing, and provision of sentencing appeal. Sri Lanka's representative identified problems that arise in potential capital punishment cases held before both a jury and a judge. Japan's representatives discussed the propriety of capital punishment and presented a case study where two persons alleged to be of unsound mind were accused of murder in a mental hospital. Measures to be taken in homicide cases where the accused is of unsound mind are also discussed. No references are given.