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Theoretical Examination of Home Incarceration

NCJ Number
101778
Journal
Federal Probation Volume: 50 Issue: 1 Dated: (March 1986) Pages: 17-24
Author(s)
R A Ball; J R Lilly
Date Published
1986
Length
8 pages
Annotation
This article presents a theoretical basis for the use of home detention along with some theoretical problems with it.
Abstract
Current sentencing emphasizes a combination of retribution, utility, and reformation aimed at a symbolic reparation of society's behavioral norms. Home incarceration meets the standards for contemporary sentencing. It is less costly than institutionalization, can be reversed if it fails, and is divisible in timeframes tailored to the offender. Home incarceration can be used in conjunction with restitution, education, treatment, community service, and probation. The confinement can be as little as an hour or as much as a year, and could be set for certain hours of the day. One issue that must be resolved in the debate on home incarceration is the degree to which the state will have access to the home. Since the home is viewed as the citizen's primary area of privacy and freedom, the use of the home as an alternative detention facility must be rationalized so as to maintain privacy interests. Another potential disadvantage of home incarceration is its application to offenders formerly given more lenient sentences rather than to those previously given more severe sentences. 31 references.