Advantages and Disadvantages of Imprisonment and Its Alternatives

Imprisonment and the alternative to incarceration is one of the most important topics of criminal law because of their vital role in applying justice and insuring public order and interest in society. Using the descriptive and analytical method, this article studies this topic from the Islamic point of view exploring the meaning, legal Islamic bases and disadvantages of imprisonment, and the meaning and some types of alternatives to incarceration in Islamic Law..

Univariable associations between a history of incarceration and HIV and HCV prevalence among people who inject drugs across 17 countries in Europe 2006 to 2020 – is the precautionary principle applicable?

Background People who inject drugs (PWID) are frequently incarcerated, which is associated with multiple negative health outcomes. Aim We aimed to estimate the associations between a history of incarceration and prevalence of HIV and HCV infection among PWID in Europe. Methods Aggregate data from PWID recruited in drug services (excluding prison services) or elsewhere in the community were reported by 17 of 30 countries (16 per virus) collaborating in a European drug monitoring system (2006–2020; n = 52,368 HIV+/−; n = 47,268 HCV+/−). Country-specific odds ratios (OR) and prevalence ratios (PR) were calculated from country totals of HIV and HCV antibody status and self-reported life-time incarceration history, and pooled using meta-analyses. Country-specific and overall population attributable risk (PAR) were estimated using pooled PR. Results Univariable HIV OR ranged between 0.73 and 6.37 (median: 2.1; pooled OR: 1.92; 95% CI: 1.52–2.42). Pooled PR was 1.66 (95% CI 1.38–1.98), giving a PAR of 25.8% (95% CI 16.7–34.0). Univariable anti-HCV OR ranged between 1.06 and 5.04 (median: 2.70; pooled OR: 2.51; 95% CI: 2.17–2.91). Pooled PR was 1.42 (95% CI: 1.28–1.58) and PAR 16.7% (95% CI: 11.8–21.7). Subgroup analyses showed differences in the OR for HCV by geographical region, with lower estimates in southern Europe. Conclusion In univariable analysis, a history of incarceration was associated with positive HIV and HCV serostatus among PWID in Europe. Applying the precautionary principle would suggest finding alternatives to incarceration of PWID and strengthening health and social services in prison and after release (‘throughcare’).

Legal Financial Obligations and Probation: Findings from the 1995 Survey of Adults on Probation

During the late 20th century, imprisonment rates in the United States saw unprecedented growth, leading correctional systems across the country to face widespread overcrowding and underfunding. Subsequently, policy makers sought out alternatives to incarceration for certain categories of offenses. Community supervision, such as probation, emerged as a popular solution to both reduce prison and jail populations as well as to generate revenue to fund the rapidly expanding legal system. With the rise in community supervision came increases in the number of people on probation for lower-level and non-violent offenses. The expansion of legal financial obligations (LFO) placed additional burdens on these persons, who disproportionately sit in lower socio-economic status brackets. Using data from the 1995 Survey of Adults on Probation (SAP), the current study adds to the literature on probation and LFOs in an important way. The SAP data contain information on the amount, frequency, and type of LFO. Thus, this paper examines the distinct types of LFOs to determine the differential burden that each type of LFO has on people on probation. This paper finds that of all types of fees, those associated with victim restitution are most likely to lead to missed payments, while those that generate revenues do not contribute significantly to missed payments. This paper discusses the implications of this for procedural justice and fairness.

Reimagining Pretrial & Sentencing

In this article, we discuss the evolution of criminal justice reform efforts focused on pretrial and sentencing policies and practices that resulted in unprecedented rates of incarceration. There is an urgent need to identify a strategy of pretrial justice and sentencing that will reduce crime and victimization, ameliorate unwarranted disparities, and reclaim human capital currently lost to incarceration. A discussion of proposed policy reforms should begin by first identifying the costs incurred by pretrial decisions (and across further decision points in the justice system) on both the system and the collateral costs to the detained, their families and their communities. In the short-term, jurisdictions should reconsider probation and parole policies and practices that contribute to mass incarceration. Mid-term improvements require inter-agency approaches by law enforcement, prosecutors, and the courts to institute alternatives to incarceration and collaborate with health and community organizations to address underlying issues that lead to local justice system intervention. Importantly, what we highlight is the need for a long-term approach designed to slow the flow of individuals into jails and prisons and to reduce the lengths of sentences they are serving.

Educational Consequences of Paternal Incarceration: Evidence from a Danish Policy Reform

Objectives This study estimates the causal effect of paternal incarceration on children’s educational outcomes measured at the end of compulsory schooling (9th grade) in Denmark. Methods I use Danish administrative data and rely on a sentencing reform in 2000, which expanded the use of non-custodial alternatives to incarceration for traffic offenders, for plausibly exogenous variation in the risk of experiencing paternal incarceration. Results The results show that paternal incarceration does not affect academic achievement (grade point average), but that it does reduce the number of grades obtained, and–most importantly–roughly doubles the risk of not even completing compulsory school and getting a 9th grade certificate. These findings are driven mainly by boys for whom paternal incarceration appear to be particularly consequential. Conclusions The findings presented in this study highlight the presence of unintended and collateral consequences of penal policies–even in the context of a relatively mild penal regime. Effects are, however, estimated for a subgroup of Danish children experiencing paternal incarceration, and how results translate to other subgroups and beyond the Danish context is open for speculation.

The Challenge of Imposing Just Sentences Under Mandatory Minimum Statutes: A Qualitative Study of Judicial Perceptions

Mandatory minimums limit judicial discretion in many jurisdictions in the United States, often compelling judges to impose harsh incarcerative terms. Using qualitative interviews with 41 criminal term judges presiding in a state in the United States, we explore how mandatory minimums influence the judicial sentencing function. We find that judges vary in their approaches to sentencing and that their approaches correspond with their perceptions of mandatory minimum statutes. While our respondents consider case-level, systemic, and pragmatic factors, the majority of judges are focused on the case level and perceive that mandatory minimums often strip away the flexibility they need to craft appropriate sentences in individual cases, leading to punishments that are unduly harsh, and sometimes preventing the imposition of promising alternatives to incarceration. Some judges experience moral dilemmas and guilt feelings during this process. In contrast, judges who highlight pragmatic factors (e.g., public perceptions) are more receptive to statutory restrictions.

Effectuating Change: A Tool Box of Strategies for Reducing the Unnecessary Use of Administrative Court Orders

This article is a sequel to Correctional Afterthought, in which the author argued that Gladue’s promise of reducing Indigenous over-incarceration by employing non-custodial measures has been thwarted. By insisting on alternatives to incarceration, the justice system is forced to rely on administrative court orders managed by provincial probation services. The judiciary and justice system participants possess a misplaced faith in the probationary regime, which functions as a repressive system of control that necessarily views the Indigenous accused as a risk that must be managed. The most common probation conditions, far from fostering reintegration, serve to erode individual autonomy, engender mistrust, alienation, resentment, and resistance; in the end creating disunity and discord. The aim of Effectuating Change is to offer a sound proposal for legislative reform and in the interim, practical sentencing solutions to deliver the true intention of Gladue and its offspring. Regardless of whether the proposals in this article are vigorously critiqued, supported, denounced or modified the hope is that they create a springboard for creative solutions to the problems identified in Correctional Afterthought.

THROUGH OFFENDERS’ EYES: A PILOT STUDY ON EXPERIENCING SUPERVISION IN SERBIAN CRIMINAL JUSTICE SYSTEM

Probation and parole are intended as alternatives to incarceration for eligible offenders. In various European jurisdictions research studies indicated the importance of the offenders’ perspective in supervision; however, the contribution of this factor is still unclear and underexplored. In the present study, we explored the offenders’ experience of the supervision process, based upon the experience of 22 convicts. To understand the offenders’ experience, we used the newly constructed tool, Eurobarometer, which measures eight core domains of offender supervision. The pilot study was conducted in Belgrade and was a part of the European Cooperation in Science and Technology initiative (COST) which was implemented in eight European jurisdictions. Results confirmed that the offenders’ perception of supervision can be significant in various domains of offenders’ life and that Eurobarometer can be significant in capturing that experience.

Effects of the challenges facing re-entry of women ex-offenders in Nyeri County, Kenya

The comparative rate of women entering the formal correctional system and serving custodial sentences, both in prison and prison remand awaiting trial, is on the increase. This is accompanied by a similarly increasing number of women eventually exiting prisons annually. This study investigated the challenges influencing reentry of women ex-offenders in Nyeri County, Kenya. The study specifically investigated the effects of not addressing the challenges identified for women returning from prison in Nyeri County especially challenges connected to housing, employment, relationships, drug, and substance abuse as well as mental health after incarceration. This was a qualitative study adopting a phenomenological design. The site and respondents were purposively selected with snowballing being used to select the respondents to the point of saturation. This study made use of 41 women ex-convicts, 3 FGDs, and 9 key informants. Data were collected by use of semi-structured interview schedules. Results indicated that ex-offenders face various challenges upon release from prison. The effects of these challenges when not addressed the impact the individual self, their family, the community, and predisposed the ex-convicts to a high propensity for recidivism. Based on the findings it is suggested that the use of community corrections, adjusting prison training to market needs, and the use of victim-offender mediation can be better alternatives to incarceration.

The Trajectory of Offending Risks: Implications for Rehabilitation and Practice

Research has demonstrated myriad factors that contribute to one’s propensity to offend. However, similar research on the Asian, and specifically Singaporean, correctional population has been limited and extant Western research may not be culturally generalizable. This study explored the facets and trajectory of offending risks in Singaporean adult male offenders and their implications for offender rehabilitation and practice. Results suggest that offender rehabilitation should focus on interventions that maintain treatment continuity through the institutional and community phases, and that alternatives to incarceration may reduce unskilled and poorly adjusted ex-offenders in the workforce and society.