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26 Crime & Delinquency 1 (1980)

handle is hein.journals/cadq26 and id is 1 raw text is: 


Can We Cope

with Alternatives?


           Alfred Heijder



           Proposals for alternatives to prison seldom confront many of the prob-
           lems that the introduction of alternatives in the criminal justice system
           entails. This is why such proposals more often than not appear to the
           practitioner to have a utopian tinge. A major reform, which meets all rea-
           sonable requirements of a liberal system of criminal justice, would be to
           shorten all prison sentences considerably. The usefulness of this alter-
           native deserves careful consideration.

           For centuries, enforced confinement has been at the core of the
assortment of punishments  offered by penal law. Compared  with the noose
and the pillory, the prison is an improvement. Nevertheless, there is pervasive
uneasiness about  its use. The correctional institution is supposed to be a
people-changing  agency, yet we doubt whether  prison really persuades of-
fenders to abandon  criminal behavior. We  hope  that prisons deter people
from  criminal inclinations, but we are not at all sure whether there is in fact
a close link between general prevention, a professed goal of criminal justice,
and the prison system.
  We   have  built an abundance  of theories on reform  and  rehabilitation
models, which  strain the cognitive capacities of all but a few in charge of
university desks. We have experimented  with widely varying regimes, with
open  institutions, with inmate self-government, and with therapeutic com-
munities. But positive effects on recidivism are scarcely visible, and those few
changes in reoffending that we do observe are difficult to assess. So, many of
us have  begun to feel that there is no alternative but to go on with prison
sentences. For some years now, deterrence and rehabilitation have not been
the unquestioned aims of penal action; instead, there has been a move back to
the classic restraint model. For incapacitation is the one visible and in-
disputable result of a long prison term.
  Short prison sentences have seemed to many to have all the disadvantages,
and  none  of the advantages, of long sentences. As  a consequence,  con-
siderable innovative thinking and inventive energy have been spent during
the past several decades on devising alternatives for short-term incarceration.
While many  broad schemes  have been brought forward, there have been only
a few detailed plans. I find no evidence from international reports that any


   ALFRED HEIJDER: University of Amsterdam, Amsterdam, The Netherlands.


CRIME & DELINQUENCY,   January 1980  1

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