MAGIC OF COMMUNITY SUPERVISION - ENGLISH PROPOSALS FOR DEALING WITH THE YOUNG ADULT OFFENDER

• NCJ Number: 54693
• Journal: International Journal of Offender Therapy and Comparative Criminology Volume: 18 Issue: 3 Dated: (1974) Pages: 241-246
• Author(s): P J BRANTINGHAM
• Date Published: 1974
• Length: 5 pages
• Corporate Author: Assoc for Psychiatric Treatment of Offenders
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A BRITISH HOME OFFICE REPORT PROPOSING TWO NEW COMMUNITY-BASED SENTENCING ALTERNATIVES FOR YOUNG ADULT OFFENDERS (AGED 17-21) IS REVIEWED CRITICALLY.

Abstract

OTHER YOUNGER REPORT ASSERTS THAT THE MAIN PURPOSE OF A PENAL SYSTEM MUST BE TO REDUCE RECIDIVISM. THE REPORT CONCLUDES THAT COMMUNITY TREATMENT (E.G., PROBATION, COMMUNITY SERVICE) HAS PROVED NO LESS EFFECTIVE AS A DETERRENT TO RECIDIVISM THAN HAS CUSTODIAL TREATMENT, PROTECTS THE PUBLIC ABOUT AS WELL AS DOES CUSTODIAL TREATMENT, IS LESS DAMAGING TO THE PERSONALITY OF THE INDIVIDUAL OFFENDER, AND OFFERS THE BEST POSSIBILITY OF REFORM. THE REPORT ALSO CONCLUDES THAT CUSTODIAL PROGRAMS SUCH AS ENGLAND'S BORSTALS, WHICH WERE CREATED TO PROVIDE SELECTED OFFENDERS WITH A THERAPEUTIC REGIME WITHIN A CENTRALIZED INSTITUTION, HAVE FAILED TO JUSTIFY THEIR COST. ACCORDINGLY THE YOUNGER REPORT ADVOCATES THE ABOLITION OF THREE CUSTODIAL SENTENCES FOR YOUNG ADULT OFFENDERS--BORSTAL, DETENTION CENTER, AND YOUNG PERSONS' PRISONS--AND PROPOSES TWO NEW SENTENCING ALTERNATIVES: CUSTODY AND CONTROL ORDERS AND SUPERVISION AND CONTROL ORDERS. (THESE ARE IN ADDITION TO THE EXISTING ALTERNATIVES OF ABSOLUTE AND CONDITIONAL DISCHARGE, BINDING OVER, FINE, PROBATION, COMMUNITY SERVICE ORDER, AND COMPENSATION ORDER). CUSTODY AND CONTROL INVOLVES A PERIOD OF CUSTODY IN A FACILITY CLOSE TO THE OFFENDER'S OWN COMMUNITY FOLLOWED BY SUPERVISION IN THE COMMUNITY. SUPERVISION AND CONTROL IS MORE THAN PROBATION BUT LESS THAN CUSTODY. AS IN THE SUPERVISION COMPONENT OF THE CUSTODY AND CONTROL ORDER, SUPERVISION AND CONTROL ORDERS WOULD ALLOW PROBATION OFFICERS TO ISSUE DIRECTIONS REGARDING EMPLOYMENT, RESIDENCY, EDUCATION, AND OTHER ASPECTS OF SUPERVISEES' LIVES. THE YOUNGER REPORT IS PRAISED FOR ITS CLEAR DEFINITION OF PRIORITIES AND RATIONAL APPLICATION OF RESEARCH FINDINGS BUT CRITICIZED FOR ITS FAILURE TO SPECIFY HOW INTENSIVE COMMUNITY SUPERVISION, AN ESSENTIAL ELEMENT IN BOTH NEW SENTENCING ALTERNATIVES, IS TO BE ACHIEVED, AND FOR ITS LACK OF CONCERN REGARDING LEGAL PROTECTIONS FOR OFFENDERS' LIBERTIES. A LIST OF REFERENCES IS INCLUDED. (LKM)