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Preventive Detention or Imprisonment

NCJ Number
79345
Author(s)
E G M Nuijten-Edelbroek
Date Published
1979
Length
49 pages
Annotation
The study assesses the impact of a 1974 Dutch law requiring psychologically disturbed offender placement in treatment institutions instead of prisons. The number and type of patients so placed are examined and compared to imprisoned offenders.
Abstract
Data for the study derive from records of patients in treatment institutions between 1970 and 1976. Results indicate that the increase in persons transferred from prison to treatment institutions over that period placed a strain on institutional capacity. Compared to offenders sentenced to prison, individuals placed in treatment institutions have had more disadvantaged youths and more pronounced disturbances of personality development. They are also convicted for violent crimes, to have required a psychiatric report in connection with the crime committed, and to have had prior psychiatric treatment. Inmates transferred to treatment institutions from prison tend to have less serious psychological disturbances than individuals placed in treatment institutions from the beginning. In general, individuals considered psychologically competent before commission of a crime are likely to receive a prison sentence, while persons with a prior history of psychological disturbances are treated leniently. Individuals who commit less serious crimes of aggression or violent property crimes are likely to receive sentences combining treatment in an institution with conditional sentences, probably as a reflection of offenders' degree of mental competence. Long prison sentences combined with institutional placement or extremely long sentences alone may indicate judges' reticence to return perpetrators of serious crimes to society and judges' doubts about the possibility of successful treatment. However, no definitive statement can be made about policy on institutional placement of offenders. Tables and notes are supplied.