NCJ Number
224788
Journal
Journal of Criminal Justice Volume: 36 Issue: 5 Dated: September/October 2008 Pages: 444-452
Date Published
September 2008
Length
9 pages
Annotation
This research describes the Israeli penal philosophy and ideology, explores magistrates’ attitudes regarding the magnitude of the criminal fine, examines the Israeli fining policy, and analyzes the degree of harmony/disparity between fining philosophy and policy, while relating to the general ideology of the judiciary.
Abstract
The major findings reveal lack of confidence in the ability of the criminal fine to successfully achieve different penal objectives, scarcity of knowledge of actual fining administration procedures, and a high degree of harmony between fining rationales and ideology. Although much attention has been paid to the examination of the criminal fine, its administration, enforcement policies, and effectiveness, one research topic has often been overlooked: the triple link between sentencing rationales, judicial discretion, and fining policy. Given the critical implications these links would have on the understanding of the relationships between punitive philosophy and fining policy, as well as on the ability of the criminal fine to represent a meaningful alternative to incarceration, such research seems particularly important. The present research, based upon 90 hours of phenomenological semistructured interviews undertaken in a random sample of 40 active Israeli magistrates, 600 verdicts, and quantitative data regarding the fining policy in Israel, analyzed the degree of harmony/disparity between these variables. Tables, notes, and references