NCJ Number
61883
Journal
Judicature Volume: 63 Issue: 4 Dated: (OCTOBER 1979) Pages: 154-161
Date Published
1979
Length
8 pages
Annotation
A SYSTEM OF FINES FOR FIRST OFFENDERS WHO WOULD OTHERWISE RECEIVE PROBATION IS SUGGESTED FOR THE U.S. ON THE PREMISE THAT SUCH PUNISHMENT IS A PROVEN DETERRENT IN ENGLAND.
Abstract
AN EXAMINATION OF THE ENGLISH SYSTEM OF CRIMINAL FINES CONFIRMS THE ASSUMPTIONS OF SUCCESSIVE PRESIDENTIAL COMMISSIONS ON THEIR DETERRENT VALUE AND THEIR INEXPENSIVE ADMINISTRATION. ENGLAND'S MAGISTRATES' COURTS DECIDE 97 PERCENT OF THE CRIMINAL CASES, AND IN 1977, THEY USED FINES FOR 74 PERCENT OF NONTRAFFIC OFFENSES. EVEN THE CROWN COURTS, WHICH HAVE JURISDICTION OVER THE MOST SERIOUS OFFENSES, USED FINES IN 15 PERCENT OF ALL CASES. AT THE SAME TIME, ENGLISH COURTS USED PROBATION IN ONLY 5 PERCENT OF ALL CASES, COMPARED WITH AMERICAN USE OF PROBATION IN OVER HALF. IN ENGLAND, A FINE IS THE MOST COMMON DISPOSITION FOR ALL OFFENSE CATEGORIES EXCEPT BURGLARY AND ROBBERY, EVEN WHEN JUVENILES ARE INVOLVED. AN ANALYSIS OF 3,240 OFFENDERS CASES IN 1974 REVEALED THAT FINES WERE GIVEN 75 PERCENT OF THE FIRST OFFENDERS, 73 PERCENT OF THE SECOND AND THIRD OFFENDERS, AND 47 PERCENT OF HABITUAL OFFENDERS. ALTHOUGH THE EFFECTIVENESS OF FINES AS A DETERRENT HAS BEEN QUESTIONED, INITIAL STUDIES INDICATE THAT THE RECONVICTION RATE AFTER FINES IS SIGNIFICANTLY LESS THAN THE RECIDIVISM RATE AFTER PROBATION OR IMPRISONMENT. ALTHOUGH THE IMPOSITION OF FINES IS INEXPENSIVE, COLLECTION EFFORTS INCREASE THE ADMINISTRATIVE COSTS OF THE SYSTEM. IN THE UNITED STATES FINES HAVE BEEN RESTRICTED BY CASE LAW, BUT STUDIES CONTINUE TO RECOMMEND THEIR USE. FOOTNOTES ARE PROVIDED. (TWK)