THE SENTENCE AND TREATMENT OF OFFENDERS
In: The annals of the American Academy of Political and Social Science, Band 339, S. 142-156
ISSN: 0002-7162
In the US, as in most Western countries, the old doctrine is progressively falling into disuse that the purpose of the criminal law is to exact from the criminal a retributive suffering proportionate to the heinousness of the offense. Instead, the effort is being made to combine deterrence & public protection with restoration of the offender to a more self-sustaining role in the community. Probation provides the courts a constructive alternative to imprisonment; parole & the indeterminate sentence mitigate the inflexibility of statutory penalties. The current trend in the disposition of offenders is unmistakably toward individualized penal treatment administered within the framework of a flexible criminal code. While individualization of treatment regarding offenders is one goal, vast disparities between the laws & the practices of the many criminal jurisdictions of the US make movement toward greater uniformity another desirable goal. Though a guide toward both these goals, the Model Penal Code is not intended to be adopted uniformly by all states; its objective is to examine & make more explicit the problems of criminal law, to bring under discussion alternative solutions, & to express conclusions in clear statutory language. For the findings of the soc sci's to be brought adequately to bear upon the treatment & disposition of offenders, the sympathetic co-operation is required of the judges & the courts & the prisons & correctional institutions. AA.