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What the Courts Require (From Periodic Restriction of Liberty, P 4-13, 1985, Roger Shaw and Rita Hutchison, eds. - See NCJ-101459)

NCJ Number
101460
Author(s)
D Acres
Date Published
1985
Length
10 pages
Annotation
The concept of intermittent sentences is a source of controversy in terms of its relationship to the goals of sentencing, the possibility of widening the net of social control, and the possibility of reducing prison overcrowding in the United Kingdom.
Abstract
The Magistrates' Association first suggested the concept in 1981. It suggested that the sentence have a strong punitive element while providing an alternative to full custody. Intermittent sentences would conform to the main aim of sentencing in the magistrates' courts: the denunciation of wrongdoing. In contrast, treatment appears to be the underlying goal of community service orders and other recent developments in sentencing. The main advantage of the intermittent sentence of custody is that it permits the court to register public disapproval of certain acts without producing the loss in the offender's self-image resulting from full custody. Intermittent sentences would also permit employment in the community and would reduce the strain on the offender's family. The main objection to intermittent sentences is that they would be imposed on those who otherwise would not have been incarcerated at all, thus widening the net. A discussion accompanying this conference presentation focuses on definitional and practical issues. 1 footnote.