Beruflich Dokumente
Kultur Dokumente
- (1)
163Gregory
Zilboorg, M.D., The Psychology of the Criminal Act and
Punishment, Greenwood Press, New York, 1968 , p. 97.
- Ernest van den Haag, Punishing Criminals ,New York: Basic Books, Inc.,
Publishers, U.S.A, 1975 , pp. 14-15.
- Gary Becker, "Crime and Punishment: An Economic Approach," Journal of Political
Economy, March/April, 1968, pp. 169-217.
3. Incapacitation:
consists of the removal of the offender from society (by
execution or confinement), or taking such other measures as to
make commission of the crime impossible (amputation,
castration, or some other physical injury).
4. Deterrence :
is based on the idea that punishment of an individual offender
will deter him from committing the same or other offenses in
the future (specific deterrence) and will convince others that
"crime does not pay" (general deterrence).
The end of punishment "is no other than to prevent the
criminal from doing further injury to society and to prevent
others from committing the life offense.
Beccaria equated deterrence with prevention. His view of free
will led him to believe that laws clearly proscribed with known
and certain punishment work to deter future crime.
Deterrence, as it is now recognized, is a far more complex
concept than outlined by Beccaria .
Deterrence could occur in two basic ways: "through
reinforcing the anti-criminal values of society and changing
criminals into non-criminals.
When considering the impact of a particular punishment on
future criminal activity, the term deterrent effect is referred to.
"The deterrent effect of a particular legal threat is the total
number of threatened behaviors it prevents. (1)
Punishment as a deterrent can be directed at either criminal or
non-criminal citizens and can be measured by the number of
crimes it prevents. Having established these basic principles of
deterrence, let's examine different types of deterrence.
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163 (1) Petersllia, Joan and Paul Honig. The Prison Experience of Career Criminals.
Washington. D.C.: U.S. Department of Justice, 1976.
- National Institute of Law Enforcement and Criminal Justice. Community
Based Corrections in Des Moines, Washington, D.C.: Government Printing
Office, 1974 pp : 125 -130 .
Norman/French origin.
Whatever the spelling or linguistic origin, it is clear that places
of confinement have existed for centuries.
Ancient Egypt, Greece, and Rome all had designated
confinement facilities. It appears that as societies evolve from
an extended family or tribal system into a more complex social
and political system, there arises a need for local detention.
Early confinement areas were characterized by "unscalable
pits, dungeons, suspended cages, and sturdy trees to which
prisoners were chained pending trial .
During the earlier part of this century, imprisonment evolved
from a mainly short-term measure of penal confinement into a
longer-term institution designed to effect the reform or
deterrence of criminals. More recently, despite its preeminence in the general penal scheme, the institution of
imprisonment has experienced a highly critical assessment;
and, on the part of those actually administering the system,
there has been an increasingly less sure sense of its functions
and objectives, as the extract below seeks to show.
Now Imprisonment may take place before and during trial
(for lack of bail or when no bail is permitted) and after trial as
part of the sentence. In the latter instance, time served awaiting
trial, during it, or awaiting sentence is recorded as part of total
time served, and counts toward the minimum required in order
to be eligible for release.
There are several types of detention facilities, or what have
come to be known euphemistically as correctional centers or
correctional facilities. These include jails, workhouses, and
- prisons.
163 Jails are places for short-term detention, Most of them are
small and frequently overcrowded, have few if any facilities
for recreation or even exercise.
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(1) Gregory Zilboorg, M.D., op. cit , p. 97.
- Ernest van den Haag, op. cit , pp. 14-15.
- Gary Becker, op. cit. , pp. 169-217.
- Karl Menninger, op. cit., p: 206.
- National Institute of Law Enforcement and Criminal Justice, op. cit. ,
pp : 125 -130 .
The generic use of the term applies to all formal decisionmaking processes regarding an inmate. (1)
security.
For instance, it is acceptable to limit visiting hours within a
jail, but it has not been acceptable to prohibit visiting entirely
as a form of punishment.
12-3-2 Security :
A primary responsibility of jails is the secure detention of the
jail population.
Because jail populations change so rapidly, it is necessary that
security personnel be particularly vigilant.
Jail security staff members often do not have the luxury of
time to get to know inmates.
They have the responsibility to protect jail residents from
assaults, and the potential for violence and sexual attacks can
be decreased by direct staff intervention along with proper
planning and facility design.
Correctional officers in a jail must work with many
unknowns and therefore face a very difficult task.
12-3-3 Controlling Contraband and Fires :
Two areas of special concern in jail security are contraband
and fires.
Control of contraband in jails is made difficult by a high
level of traffic within the jail and varying categories of inmates
confined within a single facility.
Inmates regularly receive visits from lawyers, family
members, and associates. In addition, inmates routinely leave
the jail to attend court or for other activities.
- Many
163 - jails have community work programs that also remove
residents from the facility.
All of these factors make the control of contraband a major
concern for jails.
H .3.1 Probation :
Probation refers to a system under which an individual is
released, generally without being sentenced to any
imprisonment.
The offender placed in the community under the supervision
of authorized personnel for a given period of time.
The supervising person-the probation officer-may report to the
courts further infractions committed by the offender.
Probation generally follows a trial at which the person has
been found guilty, or a plea of guilty in lieu of an actual trial.
However, probation may also replace the trial entirely, in
which instance it is known as probation without adjudication.
Actually, this term embraces two sets of programs. In one, the
prosecutor, as part of his legal authority, has on his own
deferred or terminated prosecution of the accused .
If the prosecutor decides to grant deferred prosecution
privileges ,the accused may be asked to sign an agreement
accepting moral (but not legal) responsibility for the criminal
act, make restitution to the victim, actively participate in
certain community programs (such as Alcoholics Anonymous
or psychotherapy), periodically report to a designated person,
and refrain from any further criminal behavior.
If these conditions are successfully met, the prosecutor
dismisses the charge; if not, the case may be carried forward to
court and trial. (1)
___________________
(1) National Institute of Justice, Michael N. Castle, op.cit., p:2.
- Michael C. Musheno et al. ,op. cit. , p:163.
- Chris Eskridge, Richard Seiter, and Eric Carlson, op. cit ,p:186.
- -163
- Institute of Corrections, op. cit, pp:2-3.
National
parole .
With each there is some imprisonment, although traditionally
probation has referred to supervision in lieu of and without
incarceration, whereas parole involves a period of supervision
following incarceration .
However, the brevity of the period actually served in prisonoften less than the minimum required and, as in shock
probation, less than anticipated by the offender-and the fact
that the power to release on probation remains with the
sentencing judge and not a review board, combine to make
shock probation and split sentencing part of a probationary
rather than a parole system. beneficial or detrimental, of shock
probation and split sentencing continues to be debated.
Probation day centers as an alternative to custody :
The Probation day centers is another alternative to custody
which offer further understanding of the way in which
alternatives to custody may take different shapes and forms,
and what role they play in the criminal justice system. (1)
H .3.2 Suspended sentences :
The judge may impose a sentence, whether a fine or
imprisonment, and there-upon suspend it.
If the offender is found guilty of another offense in the future,
the suspension of this sentence can be voided and the
individual required to pay the original penalty (of time to be
served or a fine, as the case may be).
In some instances, the judge may suspend only part of a
sentence: this is often done if there is both a fine and a prison
termthe latter is suspended, but not the former.
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163 (1) Sherry Haller and F. G. Mullaney , op. cit. , pp :4-9 .
- National Institute of Justice, Michael N. Castle, op. cit., p:2.
- Michael C. Musheno et al. ,op. cit. , p:163.
- Chris Eskridge, Richard Seiter, and Eric Carlson, op. cit ,p:186.
H .3.3 Fines :
____________________________
(1) Sherry Haller and F. G. Mullaney , op. cit. , pp :4-9 .
- National Institute of Justice, Michael N. Castle, op. cit., p:2.
- Michael C. Musheno et al. ,op. cit. , p:163.
- Chris Eskridge, Richard Seiter, and Eric Carlson, op. cit ,p:186.
- National Institute of Corrections, op. cit, pp:2-3.
- Peter J. Benekos. "Beyond Reintegralion: , op.cit , p: 52-56.
Georg Rusche & Otto Kirchheimer, op. cit , pp. 8-23.
- --163
Karl Menninger, op. cit , p: 206.
- Robert M. Carter, Richard A. McGee, op. cit. , pp: 103-104.
- National Advisory Commission on Criminal Justice Standards and Goals,op.
cit,P:222.
order ) :
Community service was started in the United States in 1966
in Alameda County as a penalty for traffic offences. This
penalty has now spread over the whole of the United States,
but is restricted mainly to so-called 'white collar' criminals,
juvenile delinquents and to non-serious crimes.
As a result of this, the sanction is used primarily as a
supplement to other sentences and only rarely as a sentence in
itself.
This is unlike Europe where community service is imposed
more frequently as an independent sanction.
In Germany the sanction was introduced in 1969 and adopted
into legislation in 1975.
In France an Act on unpaid work, passed for the benefit of the
community, came into operation in 1984. The sanction can be
imposed as an alternative to a prison sentence or as a special
condition in a conditional sentence.
However, a paradoxical condition for its use is that those who
have earlier undergone a prison sentence of more than four
months, cannot be considered for community service .
It is remarkable that, in many of the countries which have
introduced community service, the minimum number of hours
imposed is 40, and the maximum 240. The results appear to
indicate that the imposition of many more hours only leads to
more failures.
In Finland, they are still at the experimental stage.
In 1991 community service was introduced in 11 jurisdictions
- for
163a-trial period of three years.
Community service can be imposed as an alternative for a
maximum of eight months' imprisonment.
In the first nine months of operation, 75 percent of the
___________________
(1) Sherry Haller and F. G. Mullaney , op. cit. , pp :4-9 .
- National Institute of Justice, Michael N. Castle, op. cit., p:2.
- Michael C. Musheno et al. ,op. cit. , p:163.
- Chris Eskridge, Richard Seiter, and Eric Carlson, op. cit ,p:186.
- National Institute of Corrections, op. cit, pp:2-3.
- -163
- J. Benekos. "Beyond Reintegralion: , op.cit , p: 52-56.
Peter
- Georg Rusche & Otto Kirchheimer, op. cit , pp. 8-23.
- Karl Menninger, op. cit , p: 206.
- Robert M. Carter, Richard A. McGee, op. cit. , pp: 103-104.
-National Advisory Commission on Criminal Justice Standards and Goals, op.
cit,P:222.
Questions
(1)Define the criminal Punishment, and briefly discus its
Purposes ?
(2) Briefly discus the Forms of criminal Punishment ?
(3) Briefly discus the Effects of prison Punishment?
(4)Briefly discus the types of Prison Sentences ?
(5)Discus the classification of the Prison Population ?
(6)Explain the management of Prisons and Jails ?
(7)Explain the Privatization system of Prisons?
(8)Explain the alternatives of imprisonment ?
(9)Explain The types criminal sanctions In the Egyptian penal
code?
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