SOME CONTEMPORARY FORMS OF CRIMINAL SANCTIONS USED INSTEAD OF IMPRISONMENT: (OTHER FORMS OF PRISON TREATMENT) Cover Image

НЕКИ САВРЕМЕНИ ОБЛИЦИ КРИВИЧНИХ САНКЦИЈА УМЕСТО КАЗНЕ ЛИШЕЊА СЛОБОДЕ (ДРУГИ ОБЛИЦИ ЗАТВОРСКОГ ТРЕТМАНА)
SOME CONTEMPORARY FORMS OF CRIMINAL SANCTIONS USED INSTEAD OF IMPRISONMENT: (OTHER FORMS OF PRISON TREATMENT)

Author(s): Miomira P. Kostić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Penology
Published by: Правни факултет Универзитета у Нишу
Keywords: alternative sanctions; other forms of prison treatment

Summary/Abstract: Different forms of repression, as a social reaction to a deviant and socially undesirable behaviour, have had a changing meaning and significance in the course of development of the human society. The forms of social reaction have been changing through historical periods, each of which was characterized by its own features and dynamics of development. It is almost impossible to draw generalizations on this development. For a long time, the matter of interest of many legal scholars, penologists and criminologists has been the necessity of having the penalty of imprisonment on the one hand, and changing the philosophy of punishment in general as well as in the course of enforcing this penalty, on the other hand. A tendency to limit the application of the penalty of imprisonment occurred concurrently with proposing the measures which could substitute for this penalty. The articulation of this progressively common tendency to humanize the criminal jurisprudence, particularly regarding the types and modes of enforcing the penalty of imprisonment, has caused the emergence of security measures, corrective and other measures which are sometimes defined as social protection measures, and eventually the development of various restrictive measures which serve as substitute for the penalty of imprisonment.The next option in dealing with the overcrowded capacities of penal institutions is to reduce the number of inmates who are sentenced to serve some form of imprisonment. Instead of referring juvenile delinquents to the institutions of criminal justice, they can be submitted to alternative forms of treatment, such as: drugs and alcohol therapy, community service instead of imprisonment, or probation. All these treatments may be controversial but they are all quite meaningful in the context of the delinquent's prospective rehabilitation.

  • Issue Year: XLVI/2005
  • Issue No: 46
  • Page Range: 177-195
  • Page Count: 19
  • Language: Serbian