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Chapter Two

The criminal sanctions (Punishments)


A. Introduction :
"Punishment, "is a concept; criminal punishment is a legal
fact."
At the heart of all attempts to handle offenders are systematic
images of human life and culture, including knowledge,
beliefs, and attitudes regarding the human condition and the
meanings, purposes, and ethical foundation and rationale of
punishment.
These ideologies or philosophical approaches provide
explanations for the past behavior of the offender, guidelines
as to what ought to be done with or to him, and bases for
predicting his future after return to the free world.
A sentence is an authorized judicial decision that places some
degree of penalty on a guilty person.
The responsibility for administering this judicial decision is
placed with corrections. (1)
If we take a historical and global view, the philosophy of
punishment has been embodied in four major theoretical
positions:
vengeance, deterrence, rehabilitation ,and prevention. These
positions overlap and intertwine with each other, but a degree
of evolution is also evident.
The comments made below on these four positions must be
understood simply as broad generalizations.
___________________

- (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.

When punishment is justified on the basis of vengeance or


retribution, two major concepts are involved:
1. Punishment is an end in itself.
2. The act committed deserves punishment.
If punishment is an end in itself, then it cannot be considered
a means of reforming the criminal. If the primary justification
for punishment is that the act deserves punishment, then we
eliminate two important factors: any gain for society and any
gain for the individual.
There are five criteria, all of which must be fulfilled in order
impose the criminal punishment :
(1) imposed on an actual or supposed offender,
(2) meted out for an offense against legal rules,
(3)imposed by an authority constituted by the legal system
against which the offense was committed,
(4)intentionally administered by human beings other than the
offender, and
(5)inflict pain or other consequences normally considered
unpleasant. (1)
The terms "punishment," "penology," and particularly
"punitive" have gone out of fashion, replaced by the word
"corrections."
The latter embodies the idea that an offender becomes
chastised, chastened, rehabilitated, and hence corrected, and
that punishment for its own sake, as an imposition of suffering
without a correcting function, should be abjured. This turn of
- terminology
163 away from things punitive has in fact a long
history.
__________________________
(1)Jack Gibbs, "Crime, Punishment, and Deterrence," Southwestern Social Science
Quarterly, March, 1968, pp: 515-30.

particularly in the United States, where prisons were


established for the express purpose of being houses of
penitence and hence were called penitentiaries, and where
people have been confined for the purpose of being
rehabilitated or reformed and hence have been kept in places
called reformatories.
There are three major categories of punishments .
First, official criminal penalties:
Consists of legal punishments, which provided by law and
imposed by lawful representatives of a state , community, or
group according to the directives of law.
Examples of official criminal penalties are fines, prison terms,
and probation. (1)
Second , extralegal penalties:
These punishments, though not illegal, are not provided for by
law , and not designated as punishments to be applied by
officials of the state. Extralegal criminal penalties are diverse.
Examples are refusal to marry someone because of his or her
criminality and harassment of a prisoner by a guard.
Third, illegal penalties:
These are punishments that are themselves illegal (such as
torture) or that are applied illegally (such as the lynching of a
convicted murderer).
____________________________
(1) Gary Becker, "Crime and Punishment: An Economic Approach," Journal of
Political Economy, March/April, 1968, pp. 169-217.
- Gregory C. Krohm, "An Alternative View of the Returns to Burglary," Western
Economic Journal, 11 September, 1973, pp. 364-370 .
- Jack Gibbs, "Crime, Punishment, and Deterrence," Southwestern Social Science
- Quarterly,
163 - March, 1968, pp: 515-30.
- Louis N. Gray and J. David Martin, "Punishment and Deterrence: Another Analysis
of Gibbs' Data," Social Science Quarterly, September1969, pp:389-395.
- Frank D. Bean and Robert G. Cushing, "Criminal Homicide, Punishment, and
Deterrence: Methodological and Substantive Reconsiderations," Social Science
Quarterly, September, 1971, pp. 277-289.

B. The Definition of Criminal Sanctions ( punishments ) :


Punishment can be defined as any action designed to deprive a
person or persons of things of value because of something that
person is thought to have done.
Criminal Sanctions ( punishments ) is a formal means by
which society deals with the guilty offenders of a crime.
Examples include liberty, civil rights, skills, opportunities,
material objects, less tangible forms of wealth, health, identity,
life, and perhaps most crucial significant personal
relationships".
C. The Purpose of criminal Punishment :
It is difficult to imagine a world without a system of criminal
punishment. But just what the purpose of punishment may be
is sometimes strongly debated. In a long-range, broad sense,
punishment, it is hoped, will diminish crime. (1)
There is a considerable literature on the aims and objectives of
sentencing .
The main objectives which can be distilled from such work
are: reform or rehabilitation; containment or incapacitation;
retribution; denunciation; reparation; individual deterrence and
general deterrence.
Beccaria and the English utilitarian's such as Bentham
thought that individual deterrence and general deterrence could
be brought about by making the anticipated punishment for a
______________________________
(1) Arleen Smigel Leibowitz, "Does Crime Pay: An Economic Analysis" (unpublished
Master's thesis, Columbia University, 1965 , p:67 .
-Gordon Tullock, "The Welfare Costs of Tariffs, Monopolies, and Theft," Western
- Economic
163 - Journal, 5 June 1967, pp. 224-32.
- Morgan Reynolds, "Crimes for Profit: The Economics of Theft" (unpublished Ph.D.
dissertation, University of Wisconsin, 1971).
- Michael Sesnowitz, "The Returns to Burglary," Western Economic Journal, 10
December, 1972 , pp: 177-181.

criminal act sufficiently severe, and the possibility of being


apprehended sufficiently certain, that a person would weigh
the probable pain of punishment against the latter.
This is based on the image of a rational and calculating human
and is called the hedonistic calculus (also known as the
felicific or felicific calculus).
Later, the positivists held to a more deterministic view, seeing
human beings as having relatively little free will but
punishment as necessary insofar as it removes some people
from society and in order that the threat of such removal be
added to the many environmental forces determining whether
people will go in the direction of criminality.
Still later, rehabilitation became the ideal, and certain forms of
punishment were looked upon as methods of correcting
someone who was flawed but not beyond salvage a soul gone
astray. (1)
The purposes of punishment, like the forms and
mechanisms are many, and sometimes more than one is
embraced at the same time by a society or a given social
thinker. Among them, the following are prominent:
1. Revenge,
or the idea that society has a right to vent its wrath upon those
who have committed heinous acts, is abjured by most modern
thinkers as inconsistent with the values of civilized societies,
but nonetheless appears to appeal to many people during
periods of violent crime.
2. Retribution :
is often confused with revenge, but there are distinct differences. Retribution embodies the concept that an offender
- should
163 - receive what he rightfully deserves (known as "just
deserts"), and that society is "made whole" when a criminal
has "paid his debt" to it.
______________
(1) Karl Menninger, The Crime of Punishment , The Viking Press, Inc., New
York , 1968 , p: 206.

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.
- ______________________
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 .

4.1 Simple Deterrence :


Simple or direct deterrence is similar to the early notion of
Beccaria .
In the example of simple deterrence, a citizen refrains from
committing an offense because the pleasure that could be
obtained would be more than offset by the risk of great
unpleasantness communicated through the law. This simple
deterrence applies equally to both the previously criminal and
non-criminal citizen.
4.2 General Deterrence:
General deterrence refers to the effect that the threat of
punishment has in inducing citizens to refrain from illegal
activity. The impact that the threat of law has on all individuals
other than those who are being punished is general deterrence.
A citizen who refrains from criminal activity for fear of
incarceration or other punishment is said to have been deterred
by the law. (1)
4.3 Special Deterrence :
Special or individual deterrence applies specifically to the
convicted offender who is being punished.
The offender who refrains from future criminal activity
because of the personal experience of an earlier punishment is
said to have been individually deterred.
Any single act of punishment could provide both general and
special deterrence effects.
The consideration of the preventive capability of punishment
does not stop at this point.
_____________________________
(1) Jack Gibbs, "Crime, Punishment, and Deterrence," Southwestern Social Science
- Quarterly,
163 - March, 1968, pp: 515-30.
- Louis N. Gray and J. David Martin, "Punishment and Deterrence: Another Analysis
of Gibbs' Data," Social Science Quarterly, September1969, pp:389-395.
- Sheldon Glueck and Eleanor T. Glueck, Predicting Delinquency and Crime ,
Cambridge, Mass.: Harvard University Press, 1959 , pp:433- 439 .

4.4 Marginal Deterrence:

The purported measures to prevent criminal activity by both


criminals and non-criminals have been identified.
But what of the differences between the types of punishments
to be utilized?
Marginal deterrence refers to "reducing the rate of threatened
behavior below that experienced under lesser penalty. (1)
The difference in the prevention of crime that would result
from changing the punishment for first-degree armed robbery
from three years in prison to ten years in prison would be the
marginal deterrent effect.
The marginal deterrent effect of greater or lesser penalties
could be applied to either special or general deterrence.
A related concept is that of partial deterrence, which attempts
to account not for the prevention of crime, so much, but for the
reduction in the level of severity of the future offense.
If, for example, it could be demonstrated that many citizens
reduced their maximum driving speed from seventy-five miles
per hour to sixty-five miles per hour because of the imposition
of the fifty-five miles per hour speed limit, then a partial
deterrent effect would have existed.
Full deterrence would have been measured by those complying
with the fifty-five miles per hour speed limit, while partial
deterrence accounts for reductions in the level of criminal
activity that fall short of full compliance with the law. (1)
______________________
(1) Petersllia, Joan and Paul Honig. The Prison Experience of Career Criminals.
Washington. D.C.: U.S. Department of Justice, 1976, p:38.
Gibbons,
- -163
- Don C. Changing the Lawbreaker: The Treatment of Delinquents
and Criminals. Montclair, N.J.: Allanheld, Osmun , 1981, p: 116.
- Louis N. Gray and J. David Martin, op. cit , pp:389-395.

4.5 The Deterrent Effect of Punishment :

The arguments supporting and questioning the deterrent effect


of punishment have gone on for generations and in all
likelihood will continue for the foreseeable future.
The following is a brief review of some of the salient points in
the debate over deterrence.
4.6 In Support of Deterrence :
When the "get tough" or "law and order" stance becomes the
political, social issues of the day, it is possible to hear a great
deal of rhetoric in support of stricter law enforcement and
greater punitive measures to be taken in response to crime.
One basic premise supporting the concept of deterrence is
that individuals engage in a rapid and rational consideration of
pain and pleasure prior to taking a certain action.
This notion of free will decision-making is central to the
concept of deterrence, but there are also additional rationales
that support this approach to punishment.
The threat of punishment can be viewed as a teaching or
socializing tool.
The association of negative consequences with certain
behaviors can provide an attention-getting mechanism to aid in
the formation of socially acceptable behavior and habits.
The threat of punishment, it can be argued, helps to build
respect- for the law through the assignment of penalties for
certain behavior. (1)
______________________
(1) Frank D. Bean and Robert G. Cushing, "Criminal Homicide, Punishment, and
Deterrence: Methodological and Substantive Reconsiderations," Social Science
- Quarterly,
163 - September, 1971, pp. 277-289.
- Petersllia, Joan and Paul Honig , op. cit., p:38.
- Gibbons, Don C. , op.cit., p: 116.
- Louis N. Gray and J. David Martin, op. cit , pp:389-395.

The penalties may help to reduce the temptation to engage in

criminal activity and can assist the individual in developing a


personal rationale for conformity.
For many individuals, not endorsing the concept of
deterrence would be admitting that there was no solution to the
problem of crime.
4.7 Measuring Deterrence :
The deterrent effect of punishment is difficult to measure
accurately. There is a vast array of variables that influence
human behavior, and any attempt to assign a causal
relationship between a legal sanction and the actions of'
humans is fraught with problems.
It has been noted that new deterrent programs are generally
tried during periods of high crime. Times of high crime are
generally peak intervals followed by relative periods of calm.
Who is to say that harsher penalties enacted during high-crime
periods had any effect in reducing violations?
But on the other hand, it can be argued that crime would have
continued to increase had not the new measure been
introduced.
It is doubtful whether legislative penalties for major crimes
have much impact as a deterrent.
Yet, no one has been able to determine how many conformists
would have become deviants if there was not the fear of
punishment.
The debate over the deterrent effect of punishment will
probably never be decided based upon statistical studies
- because
163 - the support for or opposition to deterrence is
predicated more on one's world view than on measurement
devices.
One major explanation for why corrections' policy and

thought have continued to swing from one extreme to another


on the continuum is that decisions on basic issues, such as the
deterrent effect of crime, are made largely on a belief, rather
than on a logical and scientific basis. (1)
5. Correction :
Is a concept that rejects punishment for its own sake and for
what it may do in dissuading people from committing crime.
It looks upon the task of the government as being to
rehabilitate, reform, treat, cure, or correct the law-breaker,
changing him into a law-abiding citizen or resident of the
country.
There are various philosophical ideologies and underpinnings
that are at the basis of the reaction to crime and to the offender.
These may not be mutually exclusive, although one or
another is usually dominant in an era, in a country, or among
groups of criminologists .
6. Reform or Rehabilitation:
The shift to a reformative or rehabilitative attitude toward
criminals did not come about because of any one event or idea.
Perhaps the most influential factor was the development of
the scientific viewpoint and its application to the behavioral
sciences.
The detachment and objectivity of the physical sciences
were increasingly used in the examination of crime and
criminal behavior.
__________________
(1) Sheldon Glueck and Eleanor T. Glueck, Predicting Delinquency and Crime ,
- Cambridge,
163 Mass.: Harvard University Press, 1959 , pp:433- 439 .
- Gibbons, Don C. Changing the Lawbreaker: The Treatment of Delinquents
and Criminals. Montclair, N.J.: Allanheld, Osmun, 1981, p: 116.

The Italian School of criminology made an early contribution


to the application of the scientific method to criminology.

There was also increasing recognition that punishment was


not accomplishing its stated objectives.
Specific reformative developments, such as parole and
probation , helped to change the attitude toward the criminal.
Another influence was an increased belief in the philosophy of
humanism with its concern for human welfare.
All these factors had effects on the development of the
reformative viewpoint.
imposing a punishment, usually in this case called a treatment.
to correct what went wrong in the person who committed the
crime.
7. Moral affirmation or symbolism :
A punishment intended to reaffirm the moral norm that has
been violated by making the offender a symbol of the
consequences of violation, and by in this way drawing "moral
boundaries" between the "good" and "bad" in society.
8. Restitution or compensation:
The imposition of a sanction that also seeks to reestablish
balance, but now usually with the currency of money.
D . The Ideology of Punishment :
The punitive ideology accepts the concept of punishment for
its own sake: the criminal is a danger to society, he has
willfully violated the law, and punishment is both deserved
and necessary for the protection of society.
While the ideology of punishment calls for revenge or
retribution, it does not neglect deterrence. In order for
- punishment
163 to serve as a deterrent, professionals who are
punitively oriented maintain that it must be visible to potential
perpetrators, swift and certain, so closely linked to the crime
that it is perceived as punishment for its perpetration, and

categorical (i.e., applied so that all persons committing a


certain crime receive approximately equal punitive treatment).
In addition, the state and its representatives must uphold
superior values and behave as ideal examples of good
citizenship. If punishment is in the form of a prison term,
ideally at its expiration the of- fender is allowed to resume his
previous station in life, free of stigma and further disability.
It can be argued that there are five categories of people,
whose probabilities of committing crime are quite diverse :
social fabric of group and society, so committed to
noncriminal behavior, and so dedicated to the moral order, that
almost under no circumstances would they even consider a
criminal act, much less perpetrate one.
How large this group is in modern, secular, competitive
societies is debatable. Some contend that considerable
proportions of the population commit at least one serious
offense during a lifetime.
2.Favorable-conditions offenders: are those who, under
extreme stress and family or personal need, might consider
perpetrating a crime if the situation is favorable (i.e., having a
low chance of being discovered or caught and a high
probability that the crime would constitute an immediate
answer to a onetime need).
This is a category of persons generally believed to be easily
deterred, although little is known as to who these people are,
how to identify them, and what proportion of the total
population they represent.
- 3.Potential
163 violators: could be characterized as marginal
persons who occasionally perpetrate property crimes but draw
their main livelihood from basically legitimate enterprises.
Their potential for criminal violation theoretically contracts or
expands in response to societal economic cycles, perceived

presence of police, availability of victims, and perception of


risk of detection.
4.Undetected offenders: can be characterized as persons
whose primary source of livelihood is predatory criminal
behavior.
They appear to belittle deterred by police presence, patrol
practice, length of judicial sentence, or efforts of victims to
protect themselves.
When police and community activity becomes sufficiently
well organized to pose a problem for them, these offenders
simply shift to a different neighborhood or district where they
can conduct business as usual.
5. Detected offenders: could be conceived of as inept
property violators or persons perpetrating crimes whose
violence and enormity make them likely targets for arrest and
prosecution.
Only the last two categories are likely to be deterred by the
prospect of punishment, but these are not the groups from
which the overwhelming majority of criminal offenders are
believed to be drawn, although they probably account for a
great many of the most serious offenses. (1)
____________________
(1) The President's Commission on Law Enforcement and the Administration of
Justice, Task Force Report: Corrections (Washington D.C.: Government
Printing Office, 1967 , p: 30.
- Robert M. Carter, Richard A. McGee, and E. Kim Nelson, Corrections in
America , Philadelphia. PA: J. B. Lippincotl Company, U.S.A, 1975, pp: 103104.
National
- -163
- Advisory Commission on Criminal Justice Standards and Goals
Corrections, Washington, D.C.: Government Printing Office, U.S.A,1974 ,
P: 222.

E . The Relativity of Punishment :


Punishment is relative, first, in the sense that what is a

deprivation for one person or group may not be for another.


For example, although most people would probably consider
a stay in jail as a significant deprivation, this view may not be
held by everyone or by members of other societies.
Second, it is relative in the sense that different people may
have different views in which deprivations are more severe
than others.
Although most people would probably consider a jail sentence
a more severe penalty than a fine, this view is apparently not
shared by everyone.
It is not uncommon for skid row drunks to see fines as far
more punitive than workhouse or jail terms .
For one thing, they see a jail sentence as an opportunity to
recuperate from the ravages of then lives: a fine, on the other
hand, means giving up drinking money.
Punishment is also relative in terms of its imposition and the
sorts of deprivations involved.
There are variations in the degree to which certain
punishments are used.
Some are used more frequently than others, and there are
variations in the amount of deprivation depending on time,
place, and situation.
Like crime, punishment is affected by law, politics, culture,
social structure, and situation. (1)
______________________
(1) Chris Eskridge, Richard Seiter, and Eric Carlson, "Community Based
Corrections," in Critical Issues in Corrections: Problems, Trends, and Prospects,
eds. Roy R. Roberg and Vincent J. Webb (St. Paul, MN: West Publishing
Company, U.S.A,1981,p:186.
- National Institute of Law Enforcement and Criminal Justice. Community
- Based
163 -Corrections in Des Moines, Washington, D.C.: Government Printing
Office, 1974,p:125

F . Punishment and social control :


The early criminologists failed to understand that uniform

punishment is not as effective as specialized and selective


punishment.
This may have been largely responsible for the failure of
prisons, based as they were upon the ideology of punishment,
to fulfill their missions of deterrence or rehabilitation.
In fact, excessive punishment has little deterrent effect. When
punishment continues after compliance is achieved, many
offenders react negatively.
For example, after a prisoner has served his term in prison he
must bear the stigma of being an "ex-con" until his death.
Finding it almost impossible to get a job because of his
criminal record, the ex-offender may decide, "If I'm going to
bear the name, I might as well play the game."
At that point, neither the prospect of further punishment nor
the presence of stigma will deter and the offender is likely to
repeat his offenses or, in the language of criminology, to
recidivate.
There is some agreement that punishment can be effective if
applied in the right amount at the right time. When this
ideology is widely practiced in an institutional setting,
however, the result is generally negative for both the keeper
and the kept.
Correctional personnel are usually alert for infractions of
minor rules and lack of cooperation by offenders, so they can
mete out punishment and tend to overlook the positive
behavior of convicts.
In prisons the rules although seldom explicitly stated are
designed to surround the offender with such restrictions as to
limit his ability to do anything individual or creative and to
- ensure
163 - that the institution operate smoothly even if it means
that rehabilitation is kept to a minimum.
If increasing crime rates are used as indicators, punishment
does not appear to be a strong deterrent.

Even in those jurisdictions where punishment is relatively


swift, certain, and harsh, crimes are on the increase.
The overuse of punishment in a social order that purports to
be free and open creates a paradoxical situation in which the
punished may perceive their punishers as their persecutors and
usually persecutors of the poor, the disadvantaged, and the
helpless thus diverting attention from their own crimes.
Minority group members may blame their incarceration on
repression by the rich and powerful, on deliberate genocide, on
political persecution, or on other forms of injustice toward
their group .To compensate for the ineffectiveness of
punishment, social control agencies may increase its severity.
One consequence of such a reaction may be to stimulate an
offender to adopt more sophisticated criminal behavior in the
belief that the more skilled are the less likely to be caught.
Offenders can become inured to punishment even as
administrators increase its severity. Some contend that both
sides are degraded in the process.
It appears that no matter how harsh and swift the punitive
response, nor even how certain, punishment does not eradicate
crime, although it may inhibit and reduce it.
Even in highly punitive societies, crime has never been
eradicated.
No one would deny, however, that in a punishment-oriented
society as all modern societies are and in which the population
has been socialized the abolition of punishment without
substitution of a philosophy and outlook based on ethics and
shared social values, inculcated into people from the time of
- early
163 - infancy, would result in a tremendous increase in crime.
Societies are thus locked into their punishment orientations,
although certainly some adjustments are possible.
G . Forms of Punishment :
Criminal punishment has taken on many forms down through

the ages, some now considered cruel and inhuman-although


still practiced in many parts of the world-and others having
become outmoded for a variety of reasons.
Most forms of punishment can be placed into one of the
following categories:
1. Capital punishment :
Refers to the authorized execution of a convicted felon. Once
widely used for hundreds of crimes and conducted in public to
serve as an example to the gazing onlookers and those who
might hear of the event, capital punishment has fallen into
disfavor in the United States and Western Europe, although
some public sentiment for its revival appears to have come
forward with the recent increase in violence and crime.
2. Corporal punishment :
Includes all forms of bodily pain inflicted on an offender by
official decree. Hence, psychological and physical torture to
obtain confession or injure a suspect or convict for reasons of
revenge, persecution, racism, or political enmity -even when
conducted by the authorities -would be excluded .
Corporal punishment in the past has included the wheel and
the rack, often resulting in slow death by exceptionally cruel
means.
3.Transportation :
Refers to a particular form of banishment in which an offender
is compelled to move to a colony, a desolate outpost in his own
country, or elsewhere. This forced movement was at one time
widely practiced by England, with felons being transported to
its colonies in Virginia, Georgia, Australia, and elsewhere; by
France, which gained notoriety for Devil's Island, its penal
- 163 colony of transported felons in South America .
Transportation could be for life or a limited period, and in
many instances the family could accompany the felon.
Transported convicts played a major role in the development

of Australia. With the decline of the colonial system,


transportation has recently been little used, although a form of
it-internal exile-appears to survive in the Soviet Union.
4. Excommunication :
Is the practice of making an individual a complete pariah, so
that no one should have any contact with him. In a country
where all residents obey the order to avoid relationships,
excommunication amounts to a virtual sentence of death. It
disappeared as official criminal punishment when theocracies
were replaced by secular states. It is still practiced on rare
occasions by some orthodox religious orders, but then falls
into the category of informal or unofficial rather than criminal
punishment.
5. Exile or banishment :
Is the act of compelling a person to leave the country in which
he resides and of which, usually, he is a citizen. It has fallen
into disuse except for political crimes, which generally mean
that a new regime has come into power and those associated
with the old regime have been sent or permitted to go into
exile. Exile is of course dependent upon the offender's finding
asylum or haven elsewhere.
6. Deportation:
As a form of punishment, either in lieu of imprisonment or
following it, is limited to aliens, who may be returned to their
country of origin or of current citizenship.
7. Slavery:
Now almost entirely extinct as an official punishment for
crime, was once a widely used form .
The lines of demarcation between slavery and chain gangs,
- work
163 - camps, involuntary labor in prison, and other forms of
involuntary work are not always well drawn, and prison work
camps in many parts of the world have been called slave
camps by political opponents of the regime in which the camps
are found.

8. Permanent physical injury:


is a special form of corporal punishment in which a part of the
body, often the "offending part," is removed. Thus, the hand of
a thief is amputated and a rapist is castrated. (1)
9. Economic Punishment :
Economic punishment has been utilized for centuries. It was
common practice in both ancient Greece and Rome to
confiscate the property of convicted criminals.
The extensive use of fines was also common in these ancient
governments. For centuries, the practice of restitution
(repaying victims of crime for their losses) has been
recognized as an appropriate response to crime.
- fine constitute sums of money to be paid by an offender to
the state (specifically not to the victims) and are imposed
either in lieu of or in addition to a prison sentence.
There are highly developed systems of fines , and most other
nations today for those convicted of criminal activity. The high
cost of professional legal counsel needed to defend oneself in a
criminal case poses an unofficial form of economic
punishment for some accused criminals.
The loss of income resulting from criminal prosecution can
be considered a form of economic punishment. Individuals
convicted of crime may well find their job, property, and other
assets in jeopardy.
__________________
(1) Gregory Zilboorg, M.D., op. cit., , p. 97.
- Ernest van den Haag, , op. cit., pp. 14-15.
- Gary Becker, Gary Becker, op. cit., pp. 169-217.
- Karl Menninger, op. cit., p: 206.
- -163
- Don C. , op. cit , p: 116.
Gibbons,
- Jack Gibbs, op.cit., pp: 515-30.

Given the importance our society places on money and other


material possessions, economic sanctions seem to offer an
effective form of punishment, particularly for misdemeanors

and other less serious crimes. These economic punishments


have limitations.
However, when one considers the number of indigent
offenders who cannot pay even moderate fines or afford to hire
their own counsel.
There are also the super rich for whom a sizable fine by
normal standards represents only a nuisance payment. There
are limitations to the effectiveness of these sanctions for it
must be recognized that the threat of economic deprivation
only operates on those who have economic resources.
- Restitution or compensation: seeks to reestablish balance,
but now usually with the currency of money.
10. Supervision :
Of an involuntary nature, in lieu of imprisonment (as in
probation) or as the result of shortening of a prison sentence
(as in parole), has been widely used in the United States. It is
part of the concept of community corrections.
11. Enforced therapy:
Usually of a psychiatric nature, is sometimes imposed upon an
offender. This can involve confinement in a psychiatric
institution, or it can be a substitute for such confinement .
Miscellaneous punishments can be imposed that do not fall
under any of these headings. Mothers, for example, have not
infrequently lost custody of their children upon conviction of a
crime, particularly a sexual offense . (1)
_______________
(1) Gregory Zilboorg, M.D., op. cit., , p. 97.
- Ernest van den Haag, , op. cit., pp. 14-15.
- -163
Gary- Becker, Gary Becker, op. cit., pp. 169-217.
- Karl Menninger, op. cit., p: 206.

12. Confinement or imprisonment :


The word jail is Latin in origin and an alternate form of the
word, goal (pronounced the same way), which has a

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.

They house together convicted persons awaiting sentence,


those sentenced to relatively short terms (usually less than a
year) . Prisons are correctional facilities for longer-term
incarceration , primarily of felony offenders.
12.1 The Effects of Imprisonment: A Closer Look :
As already stated, prison population has been increasing over
the past few years.
It's clear that prisons remain an important feature reaction to
crime.
What of the charge that far from "correcting" criminals and
preventing crime, prisons may actually be contributing to the
rate of crime through their effects on inmates? In an age and
country in which rationality is thought to rule, it would
certainly be ironic if one of the major forms of punishment
helped produce precisely what it was thought to prevent. The
problem is essentially one of evaluating what really goes on in
prison.
12.1.1 The "Pains of Imprisonment" :
prison means much more than mere deprivation of freedom.
First, there is a deep sense of rejection by the free community.
Every day the inmate remains cut off from society, he or she
is reminded of this rejection and the psychological toll is
heavy.
Second, prisons are not hotels, as some seem to think. They
are places of involuntary confinement that lack most of the
amenities .
The prisoner lives under extreme material deprivation In the
larger society the possession and use of myriad goods and
services is taken as a sign of one's status; not to have them, or
- not
163to- be able to control their use, marks the individual as a
loser, an incompetent, a person lacking worth.
Third, Deprivation of heterosexual relationships is a third pain
of imprisonment. The inmate is "figuratively castrated by
involuntary celibacy" .

Apart from physical pleasures there is the psychic pleasure


that sex involves; both are officially denied the inmate of most
prisons.
Fourth, there is the deprivation of autonomy, the lack of
independence that is typical of "total institutions" such as
prisons, mental hospitals, and military installations.
There are rules and regulations to cover virtually everything.
Seemingly, the inmate's most trivial actions are brought under
the control of someone else.
The fifth, pain of imprisonment is forced association with
other criminals, often for long periods of time and always
under conditions of deprivation.
This involuntary association has many aspects, but those likely
to be most threatening are those that undermine an inmate's
sense of physical security.
Jails and prisons ,have a climate of violence which has no
free-world counterpart. Inmates are terrorized by other
inmates, and spend years in fear of harm. Some inmates
request segregation, others lock themselves in, and some are
hermits by choice. Many inmates injure themselves.
In jails, inmates who have already spent time in the "pen," or
who claim to know what happens there, spread horrifying tales
about brutality. Recipients of such accounts arrive in prison
expecting to struggle for their survival.
Such fears cause problems beyond the immediately obvious
ones. In prison, fear is a stigma of weakness, and it marks men
as fair game for exploitation. Inmate norms contain implicit
threats of violence.
Unpaid debts call for violence; group loyalties prescribe
retaliation for slights to group members. There is also the norm
of "fight or flight": Beleaguered inmates are told (by both
- fellow
163 - inmates and staff) to do battle unless they wish to seek
refuge in segregation.
prison violence increase as a result of recent trends in criminal
justice.

Overcrowding means that only the more hardened and violent


offenders get prison terms.
Hence prisons are being filled with inmates who are
aggressive, tough, or bitter. In addition, determinate sentences
and tougher parole policies have reduced the stakes that
inmates have in remaining nonviolent.
Being passive, quiet, obedient, and nonaggressive is no
longer good for an early release.
12.1.2 Victimization of Prisoners :
Sociologist Lee Bowker (1978) has depicted the inmate
experience as one of victimization ,"a continuous process
extending through all hours of the day and the night."
Any transaction is seen as victimizing when "a relatively
more powerful individual receives more goods, services, or
other advantages from a relatively less powerful individual
through the coercive exercise of superior strength, skill, or
other power resources."
Victimization of prisoners involves four systems, according
to Bowker:
the biological, the psychological, the economic, and the social,
Biological Victimization Included in biological victimization
are acts of murder, rape, and assault.
These are more likely to characterize relationships between
inmates than guard-inmate relationships.
However, recent discussions of prison life have spoken of a
"trench warfare climate" and have taken special note of the
physical intimidation of guards by inmates . Inmates are often
prepared for violence, as evidenced by the routine carrying of
- assaultive
163 devices such as knives and iron bars, called
"head knockers" .
Homosexual rape and other sexual assaults have long been
associated with prison life, and the reasons are not hard to
find. The problem may be even worse in jails.

Bowker suggests that there may be even more violence in


juvenile institutions than in adult ones.
If true, one explanation could be that youths are still in that
period of life of proving themselves, especially their
masculinity. Life in the detention home and reformatory is an
extension of life on the street, but a more intense one.
The opportunities for asserting one's manliness are probably
more frequent, and the constant surveillance by adult keepers
merely increases the likelihood that demonstrations of
"coolness," "toughness," and independence will be highly
valued in interpersonal relationships.
Psychological Victimization Combined with other forms of
victimization, psychological victimization primarily consists
of manipulation and intimidation for the purposes of achieving
status, prestige, authority, and power.
The new prisoner (often called a "fish") is likely to be
scared, confused, and vulnerable to demands made by more
experienced cons.
There are various ways in which guards and other staff
members victimize prisoners through manipulation and
intimidation.
It is the guards who control the flow of information and
materials inside the prison. (1)
Economic Victimization Material deprivation leads to the
development of a "hidden economy."
___________________________
(1) National Institute of Justice, Michael N. Castle, Alternative Sentencing:
- Selling
163 - it to the Public , Washington. D.C.: Government Printing Office.
September, , U.S.A,1991. p:2.

Economic transactions between inmates and between


inmates and guards involve all sorts of goods and services,
from sex to drugs to books to wages. The use of inmates for

drug research as an aspect of the tyranny of imprisonment was


mentioned.
In addition, there is constant thievery of personal possessions
whenever inmates' backs are turned, and simply getting
commissary purchases back to one's cell may entail running a
gauntlet of would-be robbers.
Those inmates who give up any attempt to protect their
economic rights become fair game for exploitation and
harassment.(1)
12.1.3 The Cost of the Prison System :
Prisons are big business, spending millions of pounds, and
employing thousands of people.
In a period of economic austerity and severe public
expenditure cuts, the spiraling costs of the prison service have
provoked much hostile public criticism.
In 1979, in England and Wales, 206,731,000 was spent on
male prisons and remand centers, and women's establishments,
of this, 152,473,000 was for staffing, including Headquarters
staff.
In Scotland, the adult prison service cost 19,641,000 of
which 15,054,000 was staff costs. In 1978/1979, the average
weekly cost of keeping a male prisoner inside was 113. This
average conceals important variations.
______________________
(1) Michael C. Musheno et al. , Community Corrections as an Organizational
Innovation: What Works and Why," Journal of Research in Crime and
Delinquency, U.S.A, May 1989 , p:163.
- Arleen Smigel Leibowitz, "Does Crime Pay: An Economic Analysis" (unpublished
- Master's
163 - thesis, Columbia University, 1965 , p:67 .

For example, the weekly costs of keeping a man in a


maximum security dispersal prison was 232, compared with
80 for a man in an open prison. The average cost of keeping a

woman in prison during the same period was 140. (1)


At the end of 1976, it was estimated that the cost of building
each cell in a new top-security prison was 31,600.
Wymott prison, a short-term institution with 816 places,
which opened in 1979, cost 10,650,000 to construct. A major
new program of prison building, recommended by the May
Report is being planned for the mid-1980s.
12.1.4 Types of Prison Sentences :
There are three types of sentences that are imposed upon
defendants who have been found guilty, or have pleaded guilty,
and who are to be incarcerated: the definite, the indeterminate,
and the indefinite sentence.
However, a judge may. not have a choice among the three, as
he may be circumscribed by legislative mandate. In addition,
the maximum sentence that may be imposed is set by the state
legislatures, and differs depending on the crime.
Finally, the judge has a choice, where there is guilt on
multiple counts, between consecutive and concurrent prison
terms.

___________________
(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 .

- 163 12.1.4 .1 The definite Sentence :


In a definite sentence, the judge imposes the precise sentence
as established by law for a specific crime. If the judge has no

discretion in the matter, the sentence is said to be a mandatory


one. In all likelihood this entire sentence will not be served, as
there is time deducted there from for "good behavior," usually
one-third of the imposed term.
[

This time off is itself mandatory, and can be avoided by prison


authorities only if the convict has been found guilty of a
serious additional crime during the period of incarceration.
Other than the good-behavior reduction, the term can be
shortened only by successful appeal, pardon, or executive
clemency. (1)
12.1.4 .2 The indeterminate definite Sentence :
The indeterminate sentence removes length of sentence from
jurisdiction of the court, passing the authority to a parole board
of several members, who are ideally supposed to be
experienced students of human behavior and of rehabilitation.
The assumptions are made that the judge cannot predict the
optimal time needed for rehabilitation when he is called upon
to pass sentence; that rehabilitation of offenders is possible,
perhaps through participation in treatment programs available
within institutions; and that parole personnel will be able to
detect offender rehabilitation.
The pronounced sentence is set by law so that it may not go
beyond certain limits; in fact it has been known to be as
indeterminate as "one day to life." The parole board has the
right to order release at any time. What this amounts to in
practice is passing the right to impose sentence from the judge
to the parole board.
___________________
(1) Gregory Zilboorg, M.D., op. cit , p. 97.
- Ernest van den Haag, op. cit , pp. 14-15.
- -163
Gary- Becker, op. cit. , pp. 169-217.
- Karl Menninger, op. cit., p: 206.

Critics of the indeterminate sentence argue that it is


impossible for anyone to make an accurate prediction of a
person's readiness for release.

But by far the most critical argument concerns the


administrative abuses of discretionary power by the parole
board or releasing authority.
Some critics argue that the assumed treatment programs are
nonexistent, that the atmosphere of prisons is not conducive to
rehabilitation, that inmates change for the worse in prison, and
that custody requirements outweigh treatment programs and
their impact.
Inmates themselves condemn the system for its
capriciousness, lack of coherence, and irrationality and for the
psychological problems that it creates for them.
It has built into it inherent difficulties for achieving
impartiality insofar as race and ethnicity are concerned, and
favors those inmates who have been psychologically "broken"
by the system, who have become sycophantic and have lost
their sense of mastery over their own lives.
Finally, convicts tend to develop techniques for dissimulation,
and the system favors those who are most adept at such
procedures.
12.1.4.3 consecutive and concurrent sentences :
A further important element in sentencing is the authority of
the judge to impose consecutive or concurrent sentences when
more than one offense is involved.
If an offender is found guilty of two separate acts of breaking
and entering, for example, the judge may opt for consecutive
sentences, such as three years for each offense, giving a total
of six, or for two concurrent sentences of three years each, for
a total of three.
- Under
163 - consecutive sentencing the complete sentence for the
first offense (except for mandatory time off for good behavior)
must be met before the offender begins serving time for the
second offense.

While the specter of consecutive sentences is used by


prosecutors in plea bargaining to hold over the head of the
defendant the possibility of extremely long imprisonment, in
actual fact most multiple sentences are served concurrently. (1)
Consecutive sentencing is generally considered a punitive act
on the part of a judge, invoked perhaps because of an
offender's refusal to negotiate a plea.
In some instances it is designed to appease the public, as in a
case that has attracted attention and caused an outcry from
politicians, press, and others to "throw away the keys." Thus
one will occasionally read of a judge sentencing a defendant to
several consecutive prison terms, amounting to a total of
several hundred years, in which he will not be eligible for
parole, it is emphasized, for seventy-five or a hundred years or
more.
12.2 Classification of the Prison Population :
Classification may be thought of as a process whereby a
prison population is divided into subgroups on the basis of
security and program needs.
This provides a mechanism for correctional officials to review
and identify their population, to group them into categories,
and to work with them in an efficient and effective manner
toward the goal of operating a safe and orderly prison.
The term classification describes a number of distinct yet
interrelated processes that operate within a correctional
institution and throughout a correctional system.
___________________
(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.
- -163
- Institute of Law Enforcement and Criminal Justice,op. cit. ,
National
pp : 125 -130 .
- Sheldon Glueck and Eleanor T. Glueck, op. cit, pp:433- 439 .

The generic use of the term applies to all formal decisionmaking processes regarding an inmate. (1)

The classification scheme of a particular correctional


department encompasses three sub functions of classification.
System wide classification refers to the initial decisions that
are made by a corrections departments regarding the degree of
custody, level of supervision, and institutional assignment of a
newly sentenced offender.
This initial process generally takes place at a central
reception-orientation-classification center.
Institutional classification is the first formal process the
inmate goes through upon arrival at the assigned correctional
institution.
The institutional classification commit assigns specifics
tasks, housing, and activities for the inmate within the
parameters established earlier by the system wide
classification process. The major components of the inmate's
official life in prison are established and subsequently
monitored through institutional classification.
Reclassification is a subunit of the institutional classification
process.
Reclassification is the monitoring and adjustment phase of
institutional classification; it reviews and formalizes changes
in the inmate's official prison status.
___________________
(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.
- -163
- Institute of Law Enforcement and Criminal Justice,op. cit. ,
National
pp : 125 -130 .
- Sheldon Glueck and Eleanor T. Glueck, op. cit, pp:433- 439 .

Thus the term classification describes a variety of activities


that significantly influence and direct the incarcerated

individual's life in prison.


Ideally, classification seeks to match inmate needs with
correctional resources.
However, in reality, treatment needs are usually outweighed
by determining an appropriate custody and security level for
each prisoner. after review and assessment, state inmates are
typically assigned to a maximum, medium, or minimum
security level prison. (1)
In some instances prisoners with special needs such as AIDS
and other medical problems, mental health problems, or
educational needs are classified into subgroups for appropriate
Classification is an ongoing formal process concerned with
identification, categorization, and assignment of inmates to
various levels of security, programs, and work.
The initial classification is concerned primarily with housing
and any special needs which an arrestee may have.
Common factors considered in classification decisions are
sex. age, category of offense charge, prior criminal history,
special medical needs, and available space.
The classification decisions often must be made on very
limited information. The jail staff must rely upon their own
records and the data provided by law enforcement personnel
and the arrestee.
The ideal system would base classification decisions upon
both the instant offense and also the individual's history of
criminal activity.
___________________
(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.
- -163
- Institute of Law Enforcement and Criminal Justice,op. cit. ,
National
pp : 125 -130 .
- Sheldon Glueck and Eleanor T. Glueck, op. cit, pp:433- 439 .

Because background information is generally not available


as rapidly as needed, it is common practice to treat all new

arrivals as maximum security residents until additional


information becomes available.
The initial classification decision can have a grave impact on
the safety and security of jail residents.
12- 3 Management of Prisons and Jails :
12-3-1 Essential Services :
Because jail inmates are wards of the state and therefore
dependent upon their keeper for basic needs, there are many
essential services that must be provided .
The jail is responsible for providing food, clothing, facility
maintenance, and visiting and interviewing procedures and
facilities.
Other services include mail, sanitation, and the storage of
persona) property.
Many of these services are constitutionally guaranteed and
have been the subject of court rulings.
These services can act as forms of passive control over inmate
behavior.
Adequate food, decent housing facilities, and reasonable
visiting procedures can work to reduce the resistance of jail
residents to custodial detention.
It is important to remember that inmates retain the right to
have basic services provided, and jail personnel are not
permitted to deny individuals their basic needs. (1)
___________________
(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.
- -163
- National Institute of Law Enforcement and Criminal Justice,op. cit. ,
pp : 125 -130 .
- Sheldon Glueck and Eleanor T. Glueck, op. cit, pp:433- 439 .

The courts have allowed certain modification of services, such


as restrictions on visiting or mail, based on institutional

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.

Some modern jails have been equipped with elaborate


electronic control systems to monitor inmate activity and to
assist in the security process, but the importance of welltrained and efficient custody personnel remain the key to jail
security.
12-3-4 Programs :
Programs in jails are ongoing activities directed at meeting
social and rehabilitative needs of the residents. Such programs
are only available in some jails.
Typically, programs might include education and work
release, counseling programs, substance abuse treatment, and
social services.
There appear to be two crucial factors in determining
whether a particular jail provides programs for residents.
The two factors are the size of the facility and the average
length of stay of residents.
The larger facility and the longer residents are there, the more
likely one is to find jail programs available to inmates.
It would appear that both factors relate to economies of scale.
however, Many smaller facilities often do not provide
programs because of the high cost per inmate of such
activities.
there is another type of incarceration program (the weekend
jail program)it's available in many jurisdictions.
Weekend jail sentences are a compromise between
incarceration and probation.
- Convicted
163 persons are allowed to live and work in the
community through the week but must report to the jail on
weekends to serve their sentences.
These programs do present some problems for jail
administrators who are concerned with the regular pattern of

weekend population increases, which can be compounded by


such special sentences.
Maintaining jail security and limiting the flow of contraband
are also relevant issues of concern in jails utilized for weekend
sentencing.
This plan provides for incarceration without requiring
inmates to sever family ties or to terminate employment.
Weekend sentences can prove to be a means of reducing both
sentence length and the expense of incarceration. (1)
12-3-5 Staffing and Funding :
Jail employees are confronted daily with a wide range of
individuals.
The jailer must communicate with and supervise individuals
who are often uncooperative, afraid, angry, intoxicated, and at
times, dangerous.
The attitude and manner jail employees assume toward
inmates have been found to be a key factor in directing and
determining prisoners' behavior.
Jails and other correctional institutions are frequently
criticized for functioning on the basis of custodial
convenience.
Custodial convenience describes a method of operation in
which the overriding principle or goal is directed at what is
most acceptable to the demands of security and the
correctional staff .
___________________
(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.
- -163
- National Institute of Law Enforcement and Criminal Justice,op. cit. ,
pp : 125 - 130 .
- Sheldon Glueck and Eleanor T. Glueck, op. cit, pp:433- 439 .

It has been pointed out that many procedures in jails are


designed to make the job easier for employees, while only

secondary consideration is given to overall benefits for


inmates or the institution
Although styles of operating vary greatly among jail facilities,
problems of funding are shared by nearly all jails.
In most jurisdictions, the funding of jails is a responsibility
of government. Funds needed to operate jails compete with
requests from schools, highway departments, and other
community penalties .
There are different opinions, controversies and issues emerge,
identified as correctional issues but having far-reaching
implications for the whole society.
Although corrections may be the focus of debate, such issues
involve the manner in which a nation manages its crime
problem . Several that carry deep significance and controversy
were selected for review and presentation of reasoned
opinions:
(l) Rate of imprisonment and prison overcrowding;
(2) Race and imprisonment;
(3) Privatization; and
(4) The death sentence.
12-4 Privatization of Prisons and Jails :
Critics charge on ideological grounds that it is improper for a
private agency to be involved in the business of depriving
people of certain liberties, arguing that this function should
remain with the public sector, otherwise, civil and
constitutional rights would be violated.
Initially, such concerns posed a major question regarding
- whether
163 - government had a legal authority to contract for
private operation of correctional facilities.
Subsequent clarification indicates that such authority does
exist, unless specifically prohibited by state law.

Other issues relate to government cost and profit for the


private contractor.
Although much additional research is needed, preliminary
indications are that private-sector construction and operating
costs are similar to or slightly less than comparable public
costs.
However, providers may be earning little profit at the current
level of charges. Additionally, it has been suggested that total
costs to private correctional firms could rise as they become
more involved in legal expenses with liability issues.
Some concerns have been expressed that private firms might
exploit inmates in ways to earn more profit.
While there is no evidence of this having happened, this
potential should be adequately controlled by effective
monitoring, good management, and inmate access to the
courts.
Private companies also are often committed to having their
contracts renewed and have an interest in operating in a legal
and satisfactory manner for the government.
there is little to guide policy and approaches. Without a doubt,
in the decades ahead additional court decisions, agency
experience and model guidelines will help clarify issues and
provide direction.
Movement toward privatization has been cautious and
careful. It remains to be seen how many inmates may
eventually be housed in private facilities.
Although such a population may or may not grow
- substantially,
163 it seems that the vast array of public facilities
will continue to operate, whatever growth may occur in the
private sector.
Experts agree that if a governmental unit is considering
privatization, the following measures are essential:

*There should be statutory authority in the jurisdiction.


*Contracts should be specific and clear, with appropriate
insurance and indemnification clauses to cover liability issues.
* Terms of the contract and standards for the operation of the
facility need to be monitored.
* Decisions affecting the liberty interests of inmates (e.g.,
good time, discipline, release, and transfer) should have final
review with the governmental agency.
* Evaluations need to include analyses of benefits as well as
costs. (1)
H. Alternatives of imprisonment :
H.1 Introduction
The rationale behind the renovation, expansion and
diversification of alternatives to custody and their
administration or enforcement is presumably, to reduce the
prison population.
However ,the immediate effect of the measures is to expand
the availability of sanctions for courts without any guarantees
that the expansion will have any positive effect on the prison
population or the rate of imprisonment. (1)
Although the dispersal of discipline thesis has serious flaws,
there is very little in the current intentions expressed by the
governments to allay fears that such alternatives to custody
will not widen the net, with the result that more offenders may
be filtered through to prison establishments.
___________________
(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.
National
- -163
- Institute of Law Enforcement and Criminal Justice,op. cit. ,
pp : 125 -130 .
- Sheldon Glueck and Eleanor T. Glueck, op. cit, pp:433- 439 .

There is very little appreciation in those proposals of factors


which may encourage a reduction or increase in the prison

population; or which may merely nullify any minor but


positive effects those measures may have, or be capable of
generating, in keeping the number of people incarcerated in
check.
The goal of existing alternatives is to construct and expanse
of prison accommodation or a greater use of non-custodial
penal measures, or both, may be needed to satisfy
contemporary demands for more or better punishment.
Alternative sanctions, or as they are also termed 'intermediate
sanctions', 'community sanctions', or 'task-sanctions', have
become widespread throughout the western world in the last
ten to 15 years.
The introduction of alternative sanctions has been one of the
most important developments in sentencing policy in the last
decades. It has meant looking at offenders, victims, the
community, and sentencing in general, in a totally different
light. (1)
The development of these new types of sentences was
introduced in the 1970s by the United States and England , two
countries which were already being confronted with an evergrowing prison population and - in England's case - with a
totally antiquated and inadequate prison system.
However, most types of alternative sentences were initially
developed in the 1980s.
___________________
(1) National Institute of Justice, Michael N. Castle, Alternative Sentencing:
Selling it to the Public , Washington. D.C.: Government Printing Office.
September, , U.S.A,1991, p:2.
- Michael C. Musheno et al. , Community Corrections as an Organizational
What Works and Why," Journal of Research in Crime and
- Innovation:
163 Delinquency, U.S.A, May 1989 , p:163.

Some will attribute this search for new types of sentences to


certain social developments and the associated high level of

criminality, others point particularly to changes in people's


attitudes towards punishment and the continuous efforts to
make criminal justice more humane, while still others see it
simply as the search for a solution to urgent (prison) problems.
Skyrocketing costs of institutional programs, high recidivism
rates, the need for victims to receive restitution from the
offender relatively lower probation and parole costs as
compared to confinement, an influx of large amounts of the
funds for innovation in the criminal justice system, rising
involvement of citizens, disenchantment of correctional
administrators with routine and failing operations, problems of
prison disturbances and inmate protests ,officer and inmate
unionization, and an increasing public demand for
accountability-all have contributed to a major emphasis on
developing alternatives to imprisonment for offenders.
The major focus of these alternatives centers around what has
come to be called "community corrections"-a term covering a
wide variety of types of punishment imposed without
incarceration and without removal of the offender from his
area of residence and employment, if any.
One of the basic principles underlying community-based
corrections is minimization of the offender's contact with
institutional incarceration.
The emphasis away from the dehumanizing and alienating
effects of institutionalization mandates avoiding the use of
jails, workhouses, and prisons to an extent consistent with the
protection of society.
To be effective, community-based programs must take
- advantage
163 of every aspect of the services available to the
offender in the outside world. This goal requires a whole new
set of roles for all involved in the correctional process.
Citizens, correctional workers, and offenders themselves must
adjust to new expectations and functions. This will require

extensive recruiting and retraining in order to provide the


personnel with the orientation needed to make the system
work.
H .2 Dispositional Alternatives
The number and nature of dispositions available to the
sentencing judge vary from state to state- Bound in part by
legislative mandate, judges can usually make a choice
involving either imprisonment (the term of which can -vary) or
release to the community under some conditions of
supervision. (1)
Among frequently used alternatives are fines (which can be
suspended, but usually are not), probation, imposition of a jail
or prison term and its suspension, actual sentencing to a
determinate or indeterminate term in a local lockup or prison,
and, in rare instances, death.
There are numerous variations within these categories, such
as a jail term to be served only on weekends in order to enable
the person to continue on his job, or a term to be served with
weekend furloughs, to permit the offender to spend time with
his family.
Some forms of punishment are obsolete in the United States at
least on an official level, and, where practiced at all, the
punishers do not have legal authority to inflict them: this is the
case with corporal punishment.
Other forms of punishment, such as banishment or exile, are
limited in application to aliens, and then practiced only in the
form of deportation.
- ___________________
163 (1) National Institute of Justice, Michael N. Castle, op.cit., p:2.
- Michael C. Musheno et al. ,op. cit. , p:163.

H .3 Types of alternatives of Imprisonment :-

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

Dismissal, in such an instance, would not constitute a trial, and


hence it would be legally possible, although unlikely, that the

person could be tried at some time in the future without


violation of the constitutional protections against double
jeopardy.
Probation without adjudication, in its other meaning, refers to
a judge's alternative disposition wherever statutes provide a
bifurcated process: that is, either determination of guilt
through jury trial or guilty plea, or through judicial decree. (1)
By withholding adjudication of guilt, the court gives the
offender an opportunity to prove over a limited period of time
his willingness and ability to reform and adjust.
During this time, the offender knows it is still possible to be
brought before the court for sentencing, possibly to a prison
term.
Both deferred prosecution and probation without
adjudication are considerably less expensive to the state than
incarceration, and are consistent with the philosophical
assumptions of probation in general, combining treatment in
the community with use of available resources.
Probation, following a guilty plea or conviction on a felony
count or most misdemeanors, is a frequently used alternative
to imprisonment. (1)
___________________
(1) Sherry Haller and F. G. Mullaney , Marketing Community Corrections
(Washington, D.C.: National Institute of Corrections, January 1988 , U.S.A ,
pp :4-9 .
- National Institute of Justice, Michael N. Castle, Alternative Sentencing:
Selling it to the Public , Washington. D.C.: Government Printing Office.
September, , U.S.A,1991, p:2.
- Michael C. Musheno et al. ,op. cit. , p:163.
- -163
Chris- Eskridge, Richard Seiter, and Eric Carlson, op. cit ,p:186.
- National Institute of Corrections, op. cit, pp:2-3.

It permits the offender to remain within the community


subject to good behavior, no involvement in further illegal

behavior, and such other conditions as may be imposed by the


court, such as restitution to victims or attending Alcoholics
Anonymous. Still subject to the control of the court, the
offender will usually be under the supervision and guidance of
a probation officer.
Probation not only prevents the further stigma of
incarceration and its damaging effects, it also allows the
offender to continue to work and support any dependents. (1)
Another variation on the concept of probation has become
known as "shock probation" or "shock imprisonment." In a
strict sense it is not part of a probation system, as it does
involve incarceration.
The system derives its name from the shock effects of shortterm incarceration, believed to be sufficient to convince certain
individuals who have never before been imprisoned that
further criminal behavior is too risky and likely to be met with
severe punishment.
The offender presumably does not know that his term will
be shortened, and part of the shock is that he anticipates a long
period in prison until the sudden release . (1)
Something similar to shock probation is known as "split
sentencing."
Where the offender is actually sentenced to a term in prison,
but is notified in advance that, after a given brief period of
satisfactory behavior, he can serve the remainder of his
sentence on probation.
___________________
(1) Sherry Haller and F. G. Mullaney , op. cit. , pp :4-9 .
National
- -163
- 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

Shock probation and split sentencing are closely related to

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.
- ___________________
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 :

A fine is a penalty imposed upon an offender by the judge,


either in place of or in addition to a term in prison, in which a
stipulated sum of money must be paid to the court.
It has been widely used in minor cases as well as major
white-collar offenses. With some white-collar crimes, the fine
is combined with a prison term, and the latter may or may not
be suspended .
Even in the case of a victim deprived of money or property,
such as a bank from which an executive has embezzled funds,
the fine cannot be turned over as restitution; on the contrary, it
belongs to the government.
A sentence is sometimes handed down in the form of a choice
between a fine or a period of incarceration.
This system has been challenged on the grounds that it
penalizes the poor and turns jailing into a matter of
incarcerating debtors rather than offenders.
In some instances, as in a union-management dispute, persons
adjudicated guilty may refuse to pay the fine as a matter of
principle, and compel jailing in order to dramatize a cause and
embarrass opponents. (1)
____________________________
(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.
- Karl Menninger, op. cit , p: 206.
- Robert M. Carter, Richard A. McGee, op. cit. , pp: 103-104.
National
- -163
- Advisory Commission on Criminal Justice Standards and Goals,op.
cit,P:222.

Some European countries, particularly Sweden, have

instituted variable fines based on the earnings of the offender.


In such a case, a fine may consist of a person's wages (or
other earnings or income) for one day, two days, or a week.
Although this reduces the discrepancy in treatment between
people of different income levels before the court, it still does
not eliminate it completely, for the poor suffer more from the
loss of the income of one day or week than do the rich.
Daily fine :
In Europe the use of fines has always been more popular than
in the United States.
Germany for example, where in 1986 , 81 percent of all
adult crimes and 73 percent of all violent crimes were settled
with a fine being imposed as the main sentence .
In England, 38 percent of all crimes and 39 percent of all
violent crimes were dealt with by a fine .
In the United States a system of fixed fines operated,
according to the seriousness of the crime and the criminal
record of the offender.
This meant that fines were used sparingly, because judges
were of the opinion that fining was too light a sentence to
impose on wealthy offenders and too heavy a sentence for
poor offenders .
In a number of countries the fine has become the most
important alternative for short prison sentences, usually a
sentence of up to six months.
This is mainly the case in Europe where many countries
- 163 operate a day-fine system :
(Sweden, Finland, Denmark, France, Germany, Portugal,
Greece, Austria and Hungary).
Finland introduced the system in 1921, Sweden in 1931,

Denmark in 1939, Germany in 1975 and France in 1983.


The advantage of the day-fine is that the punishment element
of it can certainly be as harsh as that of a prison sentence.
Furthermore, research has found that some criminals see
a heavy fine as a harsher punishment than a prison sentence.
There are, however, two problems which are associated
with imposition of the day-fine:
* The sanction must reflect the seriousness of the case
(proportionality) and it must be tailored to the financial
position of the offender;
* The sanction must be enforceable; fines must be paid in full.
The system of day-fines is essentially simple. Offences which
warrant a fine -and that is most of them, with the exception of
serious violent crimes and sexual offences - are ranked
according to seriousness and then translated into a number of
day-fines or fine-units . (1)

____________________________
(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.

H.3.4 Community service (Community rehabilitation

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

community service sanctions were imposed for drunken


driving, while drunken drivers only made up 30 percent of the
prison population .
In Canada, community service is also used, but not as a
substitute for the prison sentence.
In most cases the sanction is imposed as a special condition of
a conditional sentence, or as a kind of conditional sentence
which is imposed for minor offences.
There are certain types of offenders who are not eligible for
community service: these are mentally disturbed people or
people who have serious personal problems, such as those who
are addicted to alcohol or drugs and offenders who have no
permanent home.
Both the frequency of the imposition of community service
by the different law courts and the type of work that is
undertaken, as well as the work conditions, vary greatly , In
some courts, four times as many community service orders are
imposed than in others.
The key problem of community service is its status. There is
no agreement on whether it is a penalty which should be
reserved for those who would otherwise go to prison or a
penalty which is appropriately used more widely for its
reparative or rehabilitative value . (1)
On the one hand, it could be argued that, as a relatively
scarce resource, community service should be restricted to
situations in which the alternative would be immediate
custody.
- ___________________
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.

On the other, it could be said that community service orders


are often not used in this way, but in place of a fine for
offenders on low incomes.
This might be regarded as legitimate. Even with a means
related fine system, it might be argued that some people are
simply too poor to be fined and that community service is a
valid alternative. If this view is accepted, then it would be
sensible to give formal recognition to the dual use of
community service.
This sentencing option has gained support and acceptance by
the courts and communities as being productive and effective.
Typically, community service is utilized:
(1) as an additional condition of probation,
(2) as a disciplinary step for some probation violators,
(3) in lieu of fines and/or restitution and
(4) as an alternative to jail. This approach saves taxpayers'
money with its goal to help offenders while compensating the
victim or community. (1)

___________________
(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.

H .3.5 Electronic monitoring


There are two basic types of electronic monitoring devices.
"Continuously signaling devices" constantly monitor the
presence of an offender at a particular location. "Programmed
contact devices" contact the offender periodically to verify his
presence.
A" continuously signaling device" has three major parts:
A transmitter attached to the offender sends out a continuous
signal. Transmitters produced by some manufacturers send an
altered signal to alert officials if they are tampered with, and
others do not.
A receiver-dialer located in the offender's home is attached to
his telephone and detects signals from the transmitter. It
reports to the central computer when it stops receiving the
signal and when it starts receiving it again.
A central computer accepts reports from the receiver-dialer
over telephone lines, compares them with the offender's
curfew schedule, and alerts correctional officials to any
unauthorized absences. The computer also stores information
about routine entries and exits of each offender so that reports
can be prepared.
"Programmed contact devices" provide an alternative
approach. They contact the offender at intervals to verify that
he is at the location where he is required to be.
These devices all use a computer programmed to telephone
the offender during the monitored hours, either randomly or at
specifically selected times.
The computer is also programmed to prepare reports on the
- results
163 - of the call. However, each manufacturer uses a different
method to assure that the offender is the person responding to
the call and is in fact at the monitored location as required.
One system uses voice verification technology.

Another system requires a "wristlet," a black plastic module,


which is strapped to the offender's arm.
When the computer calls, the wristlet is inserted into a
verifier box connected to the telephone to verify that the
telephone is answered by the monitored offender.
The third system uses visual verification to assure that the
telephone is being answered by the offender being monitored.
"Hybrid" equipment, introduced by several manufacturers,
functions as a continuously signaling device.
However, when the computer notes that the offender appears
to have left at an unauthorized time, it functions similarly to a
programmed contact device, contacting the offender by
telephone and verifying that the person responding is the
offender being monitored either by the use of voice
verification technology or the insertion of a "wristlet" into a
"verifier box" attached to the telephone.
If verification does not occur, notification is made that a
violation has occurred.
The role of the telephone, in the electronic monitoring of
offenders, requires that certain new telephone technologies are
not in use on the offender's telephone.
For example, "call forwarding," where the telephone will
automatically switch the call to another number, and a portable
telephone would make it easier for the offender to respond to
calls while away from home.
Many programs also prohibit "call waiting" since it might
interfere with the equipment's effort to call the central
computer or for the verifier box to be attached. The program
- must
163 -review the offender's monthly telephone bill to assure
that none of the prohibited services have been acquired.
A number of misunderstandings exist regarding house arrest.
In the first place, house arrest can be imposed without the need

of using electronic devices. In the second place, house arrest


does not mean that the offender must stay at home 24 hours a
day. House arrest most resembles an intensive supervision
program where the offender under the order must be at home
for precisely stipulated times.
Outside these hours he can carry on a job or, for example,
follow a course or attend therapy.
The house arrest supervision can be enforced by means of
regular telephoning or repeated house visits. It is true that
these personal contacts are being replaced more and more by
electronic devices.
Offenders are also monitored without electronic verification.
One approach uses the automatic equipment to telephone the
offender and records the response.
With this approach, verification that the person responding is
in fact the monitored offender occurs when the recording is
played by someone who recognizes the offender's voice.
Another simpler, traditional approach has officers knocking
on the door of offenders' homes to assure that they are home.
Implementation of EM is not without problems. Most
importantly, these include technical failures, such as
transmitter breakdown, overloading of the telephone system
and incorrect reports of the offender violating rules. (1)
__________________
(1) Adopted from Annesley K. Schmidt,"Electronic Monitoring of Offenders
Increases" Washington, D.C.: National Institute of Justice. January/February,
U.S.A, 1989 , p: 2-5.
- Peter J. Benekos. "Beyond Reintegralion: Community Corrections in a
Retributive Era," Federal Probation , U.S.A, March 1990 , p: 52-56.
- -Sherry
163 - 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.

Regarding the last problem, it is now required that extra


personnel be brought in to check out the facts personally if an
offender is reported to be in breach of the rules. This means a
rise in the costs involved with the system.
One of the few countries which - besides the United States has set up a number of experimental EM programs, is England.
Here also, the most important stimulus for the experiments
was the problem of prison overcrowding.
Because amendment of the law was necessary before the
court could impose EM, the English experiments were
restricted to using EM as an alternative for remand
imprisonment . (1)
H .3.6 Combinations of sentences :
Combinations of sentences could include combinations of
community based sanctions or combinations of custodial and
community sanctions.
At present the relationship between the main community
based sanctions is largely one of mutual exclusivity.
Courts in general have to choose one or another, although
they may add ancillary orders such as for compensation, costs,
forfeiture or endorsements. Some combinations of community
based and custodial sanctions are possible.
Prison can be combined with a fine for some (usually more
serious) offences where this is specified in the legislation
defining the maxima.
__________________
(1) Adopted from Annesley K. Schmidt,"Electronic Monitoring of Offenders
Increases" Washington, D.C.: National Institute of Justice. January/February,
- U.S.A,
163 - 1989 , p: 2-5.
- Peter J. Benekos. "Beyond Reintegralion: Community Corrections in a
Retributive Era," Federal Probation , U.S.A, March 1990 , p: 52-56.
-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.

However, such a combination is thought to be exceptional in


practice. A more common combination would be a fine plus a
suspended sentence.
[

However, a probation order or a community service order


cannot be combined with an immediate or suspended prison
sentence. It is therefore possible to combine a prison sentence
with a fine, but not with another community based sanction.
A fine can be imposed together with an immediate or
suspended prison sentence, but not with another community
based sanction.
The underlying rationale for this apparently illogical
situation seems to be a distinction between those penalties
which have been traditionally regarded as "tariff disposals and
those which are regarded as individualized sentences.
To put it simply, it is based on an assumption that the courts
have to choose between a stick and a carrot.
If this distinction between sticks and carrots is invalid, as this
report suggests it is on the grounds that community based
sanctions often contain both elements, then the basis for the
current rules on combinations of sentences breaks down.
There is then a case for considering new combinations of
penalties, for example a probation order with a fine.
The key problem of the community service order has been
whether it should be used for those at risk of custody or more
generally as a penalty in its own right.
Whilst consideration should be given in certain
- circumstances
163 to allowing fine defaulters to perform
community service instead, it is concluded that community
service should, as a general principle, be reserved for more
serious offenders.

Consideration is given to whether more combinations of


sentence should be allowed in respect of single offences. It is
accepted that such combinations may be valuable in providing
the courts with flexibility, but a number of potential problems
are identified. (1)
The purpose of any new combinations would have to be made
clear and guidance on when and how a combined sentence
should be passed. New combinations should only be
introduced, if at all, after careful consideration and in
conjunction with proper guidance.
Greater use should be made of attendance centers for fine
defaulters and, with appropriate safeguards, community
service orders could also be used. More generally, courts
should have power to review sentence in cases of fine default.
The number of attendance centers should be increased and
consideration should be given to extending their availability to
all age groups. They should be expanded alongside the
continued expansion of probation day centers as the two types
of centre differ in their objectives, regimes, ethos and the type
of offender with whom they deal.
Since the probation order involves restrictions on liberty and
The change in the status of the probation order would place it
on the same basis as the community service order and the
courts would have equivalent powers in respect of breach.
Repeated probation orders could still be imposed on individual
offenders and this should be encouraged.
__________________
(1) Sherry Haller and F. G. Mullaney , op. cit. , pp :4-9 .
National
- -163
- 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.

H .3.7. Implementation of alternative sanctions :


There are many alternatives of the prison sentence like :
1- 'Day-centers', 'day probation' - developed in the United
States and England with the aim of replacing detention and
to intensify supervision;
2- Electronic monitoring to replace remand in custody or, at
the end of the term of imprisonment, to release the prisoner
early but keep him under strict supervision;
3- Intensive supervision programs intensive probation
supervision combined with other alternative sanction
elements and/or compulsory counseling /therapy;
4- Boot-camps' a short term of imprisonment ('shock
incarceration'), followed by intensive supervision. (1)
I. The criminal sanctions In the Egyptian penal code :
The types of crimes :
( according to section no.(9) of Egyptian penal law ) divide
into three types :1- Serious offences (perpetrations).
2- Misdemeanors
.
3- Contraventions .
The criminal sanctions for the serious offences are hanging
and imprisonment (according to sec.10 ) .
The criminal sanctions for the misdemeanors offences are
imprisonment and fine whish not more than one hundred
Egyptian pounds (according to sec.11) .
The criminal sanctions for the Contraventions offences are
fine whish not more than one hundred Egyptian pounds the
to sec.12).
- (according
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.

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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