Waiving of Measures for Drug Offences (From Research Report Summaries 1999, P 40-42, 2000, Terttu Belgasem ed. -- See NCJ-187752)

• NCJ Number: 187755
• Author(s): Heini Kainulainen
• Date Published: 2000
• Length: 3 pages
• Sale Source: National Research Institute of Legal Policy
• Publication Format: Document
• Publication Type: Issue Overview
• Language: English
• Country: Finland
• Note: Publication no. 164, 1999

Annotation

This study examines the Finnish practice of waiving measures for drug offenses.

Abstract

The "waiving of measures" is possible on the grounds of the pettiness of the offense, the youth of the offender, the unreasonableness or inappropriate nature of the sanction, and, in cases where the offender has committed several offenses, the fact that a single sanction is imposed for all the offenses. Data for the study consisted of decisions made by prosecutors to waive prosecution for drug offenses, decisions made by prosecutors to take drug cases to court, and interviews with prosecutors and judges. Prosecutors are more willing than the courts to waive measures. Indeed, prosecutors are in a key position in establishing the legal practice in respect to waiving measures. However, there are considerable differences between districts and even between individual prosecutors in how waiver provisions are applied in practice. Since the courts only rarely waive measures, the result is that many persons are sentenced for drug offenses that elsewhere would have led to the waiving of prosecution. The article considers that, from the individual's point of view, such lack of uniformity cannot be deemed just.