NCJ Number
42934
Date Published
1977
Length
35 pages
Annotation
THE ACTUAL BURDEN IMPOSED BY SHORT-TERM SENTENCES ON THE CORRECTIONAL INSTITUTIONS RESULTS FROM THE EXTRA WORK THE INSTITUTIONAL PERSONNEL MUST DO BECAUSE OF THE CONSTANT COMING AND GOING OF INMATES.
Abstract
IN WEST GERMANY, SENTENCES TO PRISON RATHER THAN THE PENITENTIARY, ARE THE MOST FREQUENTLY IMPOSED, COMPRISING 94 PERCENT OF ALL IMPRISONMENT SENTENCES WITH THE SHORT-TERM SENTENCE THE MOST PREVALENT. FINES AS A SUBSTITUTE FOR IMPRISONMENT, AND SUSPENDED SENTENCES WITH PROBATION HAVE AN ASSURED PLACE IN THE SYSTEM AND HAVE ACHIEVED GREAT, OR EVEN DOMINANT, SIGNIFICANCE. HOWEVER, IT IS DOUBTFUL THAT ANY FURTHER REDUCTION OF THE NUMBER OF IMPRISONMENT SENTENCES OR THE ELIMINATION OF SHORT-TERM SENTENCES CAN BE ACHIEVED BY SUBSTITUTING ANY OF THE OTHER PUNISHMENTS NOW AVAILABLE FOR THEM. A STATISTICAL ANALYSIS OF RECIDIVISM RATES REVEALED THAT THE RATE OF RECIDIVISM FOR IMPRISONMENT SENTENCES UP TO THREE AND SIX MONTHS IS TWICE AND THREE TIMES AS HIGH, RESPECTIVELY AS WITH THE SANCTIONS NOT INVOLVING IMPRISONMENT AND IT INCREASED WITH THE NUMBER OF CONVICTIONS. CONSIDERATION OF BOTH THE HARMFUL AND FAVORABLE EFFECTS OF IMPRISONMENT (SHORT-TERM AS WELL AS LONGER-TERM) LEADS TO THE CONCLUSION THAT PENITENTIARY SENTENCES MUST BE ABOLISHED AND THAT SHORT-TERM SENTENCES SHOULD AT LEAST BE CURTAILED TO THE EXTENT THAT IMPRISONMENT REMAINS UNAVOIDABLE. THE CORRECTIONS SYSTEM WHICH IS OVERBURDENED WITH THE HANDLING OF SHORT-TERM OFFENDERS - MUST EXPAND THE USE OF OTHER EXISTING PUNISHMENTS, WHILE INTRODUCING NEW AND/OR SPECIAL TYPES OF SANCTIONS. POSSIBLE SUBSTITUTES FOR SHORT-TERM IMPRISONMENT INCLUDE THE EXPANDED USE OF THE SUSPENDED SENTENCE WITH PROBATION, PERIOD-OF-TIME FINES, AND PUNISHMENT SERVICE IN THE FORM OF CITIZENSHIP TRAINING....ELW