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DEVELOPMENTS IN CRIMINAL LAW AND PENAL SYSTEMS, 1977, SWEDEN

NCJ Number
50922
Journal
Criminal Law Review Dated: (JUNE 1978) Pages: 351-354
Author(s)
N BISHOP
Date Published
1978
Length
4 pages
Annotation
THIS ARTICLE REVIEWS VARIOUS COMMITTEE RECOMMENDATIONS IN SWEDEN RELATING TO IMPRISONMENT, SEXUAL OFFENSES, MENTAL ABNORMALITIES, STAFF FUNCTIONS, DRUG ABUSE, ALTERNATIVES TO STRICT CONTROL, AND PRISON FURLOUGHS.
Abstract
THE COMMITTEE ON REMAND IN CUSTODY IN ITS SEPTEMBER 1977 REPORT RECOMMENDED IMPRISONMENT FOR CHARGES INVOLVING SERIOUS VIOLENCE, INFRINGEMENT OF DRUG LAWS, AND GROSSER FORMS OF PROPERTY CRIME. IT RECOMMENDED THAT RISK OF CONTINUED CRIMINALITY BE ALLOWED AS GROUND FOR REMAND ONLY WHERE THE ALLEGED OFFENSE CARRIES A SENTENCE FOUR YEARS OR MORE OR WHERE THERE IS RISK TO ANOTHER'S LIFE. INTENSIVE SURVEILLANCE WAS SUGGESTED AS AN ALTERNATIVE TO REMAND IN CUSTODY. IT WAS ESTIMATED THAT THE PROPOSALS WOULD RESULT IN YEARLY REDUCTIONS OF 1,500 INCARCERATIONS AND 15,000 DETENTIONS. THE SECOND COMMITTEE ON SEXUAL OFFENSES RECOMMENDED THAT AGE LIMITS FOR HOMOSEXUAL OFFENSES CORRESPOND TO THOSE FOR HETEROSEXUAL OFFENSES AND THAT INCEST BETWEEN ADULTS NO LONGER BE CONSIDERED A CRIMINAL OFFENSE. THE COMMITTEE ON MENTALLY ABNORMAL OFFENDERS RECOMMENDED A REVISION OF THE PENAL CODE CONCERNING TREATMENT OF MENTALLY ABNORMAL OFFENDERS. IT WAS SUGGESTED THAT THE NATURE AND DEGREE OF THE DISORDER, ITS CONNECTION WITH THE OFFENSE, AND THE OFFENDER'S NEED OF TREATMENT BE CONSIDERED. OTHER RECOMMENDATIONS DEALT WITH FORENSIC PSYCHIATRIC EXAMINTIONS, FLEXIBILITY IN TRANSFER OF OFFENDERS, AND EXPERIMENTATION AND TREATMENT. THE COMMITTEE ON STAFF FUNCTIONS IN PRISON ESTABLISHMENT MADE RECOMMENDATIONS RELATING TO MANAGEMENT BOARDS, TREATMENT MATTERS, ORGANIZATIONAL AND FINANCIAL MANAGEMENT, IMPLEMENTATION OF TEAMWORK, AND STAFF TRAINING. A WORKING FORCE UNDER THE MINISTER OF SOCIAL AFFAIRS SURVEYED THE EXTENT OF DRUG ABUSE TO PLAN FOR TREATMENT SERVICES. THE NATIONAL COUNCIL FOR CRIME PREVENTION PROPOSED THAT IMPOSITION OF PENALTIES RELATE TO THE OFFENSE AND NOT TO THE OFFENDER'S NEED OF TREATMENT. A CONTROL MEASURE INVOLVING INTENSE SUPERVISION OF SERIOUS OFFENDERS WAS SUGGESTED. THE WORKING PARTY ESTABLISHED UNDER THE MINISTRY OF JUSTICE RECOMMENDED CHANGES IN THE ACT ON TREATMENT IN CORRECTIONAL INSTITUTIONS TO ELIMINATE THE CONSISTENT MISUSE OF FURLOUGHS. (JCP)