Download Between Prison and Probation: Intermediate Punishments in a by Norval Morris PDF

By Norval Morris

Around the nation prisons are jammed to ability and, in severe circumstances, barges and cellular houses are used to stem the overflow. Probation officials in a few towns have caseloads of two hundred and more--hardly a practicable variety of offenders to trace and supervise. And with approximately a million humans in criminal and prison, and and a part million on probation, it truly is transparent we're experiencing a concern in our penal method. In among legal and Probation, Norval Morris and Michael Tonry, of the nation's top criminologists, provide an enormous and well timed procedure for relieving those difficulties. They argue that our beaten corrections approach can't do something about the move of convicted offenders as the extremes of punishment--imprisonment and probation--are either used excessively, with a near-vacuum of valuable punishments in among. Morris and Tonry suggest as a substitute a finished software that is dependent upon a number of punishment together with fines and different monetary sanctions, group carrier, residence arrest, in depth probation, heavily supervised therapy courses for medicinal drugs, alcohol and psychological sickness, and digital tracking of stream. utilized in rational combos, those "intermediate" punishments might larger serve the group than our current polarized selection. severe attention of those punishments has been hindered by way of the common belief that they're healing instead of punitive. the truth, even though, Morris and Tonry argue, "is that the yankee legal justice approach is either too serious and too lenient--almost randomly." Systematically carried out and conscientiously enforced, intermediate punishments can "better and extra economically serve the neighborhood, the sufferer, and the felony than the criminal phrases and probation orders they supplant." among criminal and Probation is going past mere advocacy of an expanding use of intermediate punishments; the ebook additionally addresses the tricky job of becoming those punishments right into a entire, reasonable and community-protective sentencing method.

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In Part I, therefore, we discuss the relationship between intermediate and other punishments in terms of their interchangeability at the sentencing stage and the jurisprudential issues of justice and community protection that such interchangeability raises. Put in its sharpest form, the question is this: given two 35 36 BETWEEN PRISON AND PROBATION equally undeserving criminals convicted of equally severe crimes and with equal criminal records, is it proper, is it just, is it wise social policy that one should serve a prison term and the other an intermediate punishment?

Important jurisprudential issues are raised by the notion of interchangeability (how interchangeability between imprisonment and other punishments is to be justified, how the limits of interchangeability are to be set, whether rough equivalence between punishments is to be measured in suffering, intrusion on autonomy, or function); to these issues we turn in the next chapter. For purposes of this chapter, we assume, as we believe, and we ask you at least for the time being to assume that interchangeability between incarcerative and intermediate punishments can be made part of a just system of sentencing.

In 1970 the indeterminate sentencing systems in the United States, federal and state, had continued virtually unchanged from at least 1930 and looked much the same everywhere. Premised at least in theory on commitment to the values of individualized sentencing and rehabilitative correctional programs, indeterminate sentencing systems gave officials wide-ranging discretion and freedom from external controls over their decisions. Criminal statutes and common law doctrines defined the elements of crimes.

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