What are the benefits of community based sentences for society and offenders?

Social reintegration of offenders

In Latin America and the Caribbean, there is a growing mood of punishment. In 17 countries, the prison population doubled between 2002 and 2014, reaching 1.2 million people deprived of liberty. An important factor has been the imposition of harsher sentences on offenders. It would not be unusual to witness a further increase, reaching even 3.4 million inmates by 2030.

Long sentences also tend not to be very effective in deterring crime. For a long sentence to have an effect, offenders should be able to assimilate that information and rationally compare the current benefits against the eventual costs of being caught, and be deterred by the prospect of spending a long time in prison. But this type of behavior hardly describes offenders who tend to have low self-control mechanisms and act on the impulse of the present.

A key point of reference is the diminishing returns of prison as a crime-fighting tool. When incarceration rates are low and only the most dangerous and high-risk offenders are incarcerated, the benefits of incarceration can be significant. But when the prison population is high, as in California, and individuals who present a relatively low risk to society are caught, the benefits of incarceration as a crime-fighting tool diminish greatly.

What happens if I don’t go to community service?

A will be sanctioned with a fine of 1 to 10 times the Unidad de Medida (which is equivalent to 84.49 pesos), arrest from six to 12 hours or community work from three to six hours. … Type B infractions will merit a fine of 10 to 40 times the Measuring Unit, arrest from 13 to 24 hours or community work from six to 12 hours.

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What is the importance of social reintegration?

In our country, social reinsertion is an issue of great importance, and to a great extent the fundamental key to a healthy coexistence between society in general and the individuals inside the penitentiary centers.

What offenses are not eligible for community service?

Excluded from being benefited with community work are those persons sanctioned for the crime against freedom and sexual integrity, to the detriment of minors under 14 years of age. Discretionary power of the Judge. Two thirds of the sentence must have been served.

Rehabilitation of prisoners

***Lawyer, Master in Criminal Law and Criminal Procedure (LLM), Universidad Diego Portales. Doctor in Law, Ernst-Mortitz-Arndt University of Greifswald, Germany. Research Professor at the Centro de Estudios de la Justicia of the Law School of the Universidad de Chile (Chile). [email protected]

Most of the European continental or common law legislations -such as those that will be the object of this study-, consider in their legislation the regulation of “alternative penalties”, which have different historical roots2.

The term “alternative penalties” can be used to conceive any sanction that does not imply deprivation of liberty. Although some authors use the generic term “alternatives to prison “3 , the concept is quite broad, insofar as it not only covers the sanctioning spectrum, but also considers other alternatives to prison that may be imposed during the criminal process, such as pretrial detention or some diversion mechanisms.

How many are the Tokyo Rules?

2 Adopted by the General Assembly by resolution 45/110 in December 1990 3 The Tokyo Rules provide: ➢ general principles; ➢ scope of non-custodial measures; ➢ legal safeguards; ➢ safeguards clause; ➢ Refers: to the pre-trial stage, pre-trial dispositions …

What type of sanction can be replaced by community work?

If a person is sentenced to pay a fine for the crime or misdemeanor he/she committed, but does not have the means to pay it, the court may change the penalty to community service. For this, the convicted person must agree. If he/she opposes, he/she will be sentenced to imprisonment, considering one day for each third of UTM.

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How to do community service for fines?

Only the user registered as the owner of the vehicle may attend to redeem the in-person awareness and community service penalties; to do so, he/she will need to present an official ID and registration card (original and copy) to corroborate that he/she is the person who must comply with the service.

Tokyo rules summary

During this time, the convict’s file reaches the prison services of the autonomous community where he has been tried, where they will conduct a personal interview to find out about his work and personal environment and to see which activity is best suited to his abilities. The convict must give his consent and even has the right to propose which activities he would like to carry out.

The Ministry of the Interior indicates that the offenses sanctioned with this measure are usually “very minor”, so the profile of the offender is that of “a normalized and integrated person in society”.

What is the social reintegration process?

Social reintegration is understood as the process by which an individual who for some reason has left or has been deprived of liberty and of ties and participation in society attempts to rejoin the community.

How to achieve social reintegration?

In order to achieve true reintegration, it is necessary to incorporate various forms of incentives to prison work, such as adequate remuneration, health and safety conditions for ordinary work, and the registration of inmates in the security system.

What are the axes of social reintegration?

The “axes of social reintegration” are: work, job training, education, health and sports.

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Why offenders reoffend

1.1 The present Standard Minimum Rules contain a number of basic principles to promote the use of non-custodial measures, as well as minimum safeguards for persons who are subject to alternatives to imprisonment.

1.2 The Rules are intended to encourage greater community involvement in the management of criminal justice, especially with regard to the treatment of offenders, as well as to foster a sense of responsibility among offenders towards society.

1.5 Member States should introduce non-custodial measures in their respective legal systems to provide alternative options, thereby reducing the use of imprisonment and rationalizing criminal justice policies, taking into account respect for human rights, the requirements of social justice and the rehabilitative needs of the offender.

2.1 The relevant provisions of these Rules shall apply to all persons subject to prosecution, trial or enforcement of a sentence, at all stages of the administration of criminal justice. For the purposes of the Rules, such persons shall be referred to as “offenders”, regardless of whether they are suspects or whether they have been charged or convicted.