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There is debate about the extent to which imprisonment deters reoffending. Further, while there is a large literature on the effects of imprisonment, methodologically sound and rigorous studies are the exception due to problematic sample characteristics and study designs. This paper assesses the effect of imprisonment on reoffending relative to a prison diversion program, Community Control, for over 79,000 felons sentenced to state prison and 65,000 offenders sentenced to Community Control between 1994 and 2002 in Florida. 相似文献3.
Yash Vyas 《Criminal Law Forum》1995,6(1):73-102
Conclusion In spite of the wide variety of sentencing options available in Kenya, the courts overwhelmingly choose to sanction by imprisonment. Even default on the payment of a fine can lead to a prison term where extramural penal employment would at the very least be more economical and more beneficial to the community. In my view, the main purpose of penal policy is to provide an opportunity for the offender to reintegrate himself or herself into society and to rectify the damage both to the victim and to society caused by the crime. Imprisonment frustrates these objectives and should be reserved for habitual serious offenders and for grave offenses that do not readily lend themselves to alternative sanctions. Even in such cases, however, compensation can be ordered in addition to a prison term.Settlement, restitution, and similar approaches should become routine for all minor offenses. Putting primary reliance on alternative sanctions should produce considerable savings in costs and in manpower, alleviating some of the pressure now experienced by an overburdened criminal justice system. To derive the greatest benefit from alternative sanctions, we need also to review and integrate indigenous traditions of community-based dispute resolution into the statutory structure.This is a revised version of a paper presented at a sentencing workshop organized by the Society for the Reform of Criminal Law, the Legal Resources Foundation, and the Law Development Commission, Victoria Falls, Zimbabwe, September 1–5, 1993.I am grateful to Professor Daniel Van Ness, Legal Advisor on Criminal Justice to the Government of Malta; and to Madeleine Sann, Director of Publication,Criminal Law Forum, for their suggestions.M.S., Vikram University (Ujjain, India) 1968; LL.B., Vikram University 1975; LL.M., University of London 1976. 相似文献
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Chris Hale 《Crime, Law and Social Change》1989,13(4):327-349
Recent trends in sentencing in England and Wales are discussed and related to the debate concerning the relationship between unemployment and imprisonment. The shift towards a more punitive justice system are traced to the abandonment of full employment economic policies in the mid 1970s. 相似文献
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《Justice Quarterly》2012,29(3):251-269
This paper largely replicates, within the state of North Carolina, Blumstein's (1982) national study of the effects of arrests on the racial disproportionality of the prison population. In agreement with the previous study, these data indicate that the racial difference between rates of arrest and imprisonment varies with the type of offense. The level of arrests failed to account for a sizeable amount of the racial differentials in imprisonment for drug offenses, forgery and driving under the influence. An unexpected finding is a lower than expected (by arrests) rate of black imprisonment for rape and robbery. 相似文献
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Alfred Blumstein 《犯罪学与公共政策》2011,10(1):93-102
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Research on the relations between the labor market and forms of punishment, inaugurated by Rusche, has developed along two lines, broadly speaking: first, the historical evolution of the links between the structure of the labor market and the structure of punishment and secondly, the conjunctural variations in admissions to prison and in prison populations with fluctuations in the employment situation. The present study is of the latter type. It stems from observations on two aspects of the French situation: The concomitant long-term evolution (1875–1985) of curves for unemployment and for prison populations, given the downward trend in imprisonment rates until recent years. The constant over-representation, among prisoners, of groups whose position on the labor market is insecure. The link between unemployment and imprisonment was tested by multiple regression using data on economic, demographic, penal and correctional aspects (French figures, 1920–1985). The results show the participation of demographic factors in the variations in prison populations. They point to a significant correlation between variations in unemployment (in volume and rate) and the evolution of prison populations, all else being equal in terms of recorded crime. Analysis of the functioning of the criminal justice system, showing the existence of an internal subsystem characterized by its procedures — pretrial detention —, the offenses — street crime —, the sentences — imprisonment — and the social characteristics of those convicted, suggests an approach to the interpretation of these findings. 相似文献
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在控制死刑的背景下,徒刑制度必须合理承接遏制犯罪的社会功能。与域外徒刑制度相比,中国徒刑制度的缺陷是刑期遇低,执行期限遇短,减刑遇陡,因而需要给予宽严相济的改革。 相似文献
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量刑轻缓化趋势与非监禁刑 总被引:1,自引:0,他引:1
一、序言苏格兰的刑法与英格兰和威尔士有显著差异。在英格兰和威尔士 ,刑法基本上是一种以制定法规定犯罪的制度 ,该制度对每一种犯罪都有明确规定的刑罚 ,通常表现为法定最高刑。而在苏格兰 ,大多数刑事犯罪的法律渊源是普通法 ,也就是那些来源于 1 70 7年以前苏格兰议会所颁布的古老法案 ;或者来源于著者们所描述的无可追忆的惯例 ;或者来源于法庭在适用法律过程中对法律所作的发展的法律。一般而言 ,苏格兰法律中的法定犯罪是指那些规定于英联邦议会颁布并适用于整个英联邦国家的制定法中的犯罪—例如道路交通、毒品和攻击性武器等领域… 相似文献
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Stefan Voigt 《International Review of Law and Economics》2009,29(4):290-303
Constitutions differ dramatically in length although they serve very similar functions everywhere. This paper tries to identify some determinants of constitutional length. It contains a new dataset spelling out the length of 135 constitutions in words. It turns out that a common law legal origin significantly increases the length of the constitution, whereas countries in the Middle East and North Africa have significantly shorter constitutions. Further, having been a British or Spanish colony is correlated with longer constitutions, a higher share of Protestants with shorter constitutions. 相似文献
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van Zyl Smit D 《International journal of law and psychiatry》2006,29(5):405-421
This article notes that, because understandings of what life imprisonment means are often ambiguous, the life sentence is sometimes perceived to be relatively uncontroversial. Life imprisonment without the prospect of parole for children under the age of 18 years is the most extreme form of this sentence that can be imposed. However, in the United States of America even such sentences have only recently become the subject of public debate. In contrast, in a small but growing number of jurisdictions all life sentences are regarded as constitutionally suspect and contrary to human rights, whilst in the majority of jurisdictions the imposition of life imprisonment is strictly limited. The article traces recent developments in the imposition and implementation of life imprisonment that have evoked some controversy. It pays particular attention to attempts that have been made in practice to ensure that life imprisonment produces punishment that is proportionate to the crime. It points out, however, that a renewed focus on combating dangerous offenders through indeterminate preventive sentences has blunted even this modest safeguard. It warns that this tendency increases the risk of life imprisonment being an unfairly harsh penalty. 相似文献
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Drones are aircraft that have no onboard, human pilot. Through the twentieth century, piloted aircraft made far greater progress than drones. During the twenty-first century, on the other hand, changes in both drone technologies and drone economics have been much more rapid. Particularly in the case of small, inexpensive devices, the question arises as to whether existing regulatory frameworks can cope. To answer that question, it is necessary to document the nature and characteristics of drones, the dimensions across which they vary, the purposes to which they are put, and the impacts that they appear likely to have. The analysis concludes that careful consideration is needed of the adequacy of controls over the impacts of drones on two important values – public safety, and behavioural privacy. 相似文献