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NCJ Number: 50329 Find in a Library
Title: SEMI- AND NON-CUSTODIAL SENTENCES; COMPENSATION (FROM AUSTRALIAN JUSTICE SYSTEM, 2D ED., 1977, BY DUNCAN CHAPPELL AND PAUL WILSON - SEE NCJ-50316)
Author(s): ANON
Corporate Author: Butterworth
Canada
Date Published: 1977
Page Count: 25
Sponsoring Agency: Butterworth
Scarborough, Ontario M1P 451, Canada
Format: Document
Language: English
Country: Australia
Annotation: EXISTING SENTENCING ALTERNATIVES TO IMPRISONMENT AND COMPENSATION FOR VICTIMS OF CRIME ARE EXPLAINED, AND RECOMMENDATIONS FOR IMPROVEMENT ARE OFFERED.
Abstract: THE DISPOSITIONS DISCUSSED ARE: DISMISSAL WITHOUT CONVICTION ON THE GROUND OF TRIVIALITY, WHICH ALTHOUGH NOT TECHNICALLY A SENTENCE, SERVES A PARALLEL PURPOSE; CONDITIONAL DISCHARGE; BOND AND SUPERVISED PROBATION; SUSPENDED SENTENCE; DEFERRED SENTENCE; FINES; DISQUALIFICATION; PERIODIC DETENTION; PRERELEASE EMPLOYMENT, WORK RELEASE, AND PRERELEASE HOSTELS; HOME VISITS BY PRISONERS; AND CORPORAL AND CAPITAL PUNISHMENT. THREE GENERAL POINTS ARE STRESSED IN RECOMMENDED POLICY. FIRST, AS A MATTER OF OVERALL POLICY, SUBJECT TO PARTICULAR EXCEPTIONS INDICATED, THE WHOLE RANGE OF SEMI AND NONCUSTODIAL SENTENCES SHOULD BE AVAILABLE TO COURTS EXERCISING CRIMINAL JURISDICTION, TO BE USED EITHER SINGLY OR IN SUCH COMBINATIONS AS THE COURTS DEEM FIT FOR ANY TYPE OF OFFENCE. SECONDLY, WHILE IT IS CONSIDERED DESIRABLE THAT THE COURTS HAVE AVAILABLE TO THEM A RANGE OF CHOICES SUFFICIENT TO PRESERVE A HIGH DEGREE OF FLEXIBILITY AND ADAPTABILITY IN THE SENTENCING PROCESS, THIS SHOULD NOT BE CARRIED TO THE POINT OF OVER-REFINEMENT. THIRDLY, IT IS RECOMMENDED AS A GENERAL POLICY THAT STATISTICS BE COLLECTED AND EVALUATIVE STUDIES BE CONDUCTED FROM THE TIME EACH MEASURE IS BROUGHT INTO OPERATION, AND THAT SIMILAR STUDIES BE STARTED AS SOON AS POSSIBLE WHERE A RECOMMENDED SENTENCE IS ALREADY IN USE. RECOMMENDATIONS WITH RESPECT TO VICTIM COMPENSATION ARE THE FOLLOWING: THAT THE SCOPE OF THE CRIMINAL INJURIES COMPENSATION ACT, 1969, BE EXTENDED TO ENCOMPASS A COMPREHENSIVE SCHEME OF COMPENSATION FOR LOSS OR INJURY CAUSED BY CRIME; THAT OTHER COMPENSATION PROVISIONS BE REPEALED; AND THAT THE POSSIBILITY OF INTRODUCING CRIMINAL BANKRUPTCY BE FURTHER INVESTIGATED. (RCB)
Index Term(s): Australia; Critiques; Sentencing/Sanctions; Victim compensation
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50329

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