Community sentence

Community sentence or alternative sentencing or non-custodial sentence is a collective name in

criminal justice Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...

for all the different ways in which courts can punish a

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisd ...

who has been convicted of committing an offence, other than through a

custodial sentence A custodial sentence is a judicial sentence, imposing a punishment consisting of mandatory custody of the convict, either in prison or in some other closed therapeutic or educational institution, such as a reformatory, (maximum security) psychi ...

(serving a jail or prison term) or

capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...

(death). Traditionally, the theory of

retributive justice Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that they suffer in return, and that the response to a crime is proportional to the offence. As opposed to revenge, retribution—and thus ret ...

is based on the ideas of

retaliation Revenge is committing a harmful action against a person or group in response to a grievance, be it real or perceived. Francis Bacon described revenge as a kind of "wild justice" that "does... offend the law ndputteth the law out of office." Pr ...

(

punishment Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular ac ...

), which is valuable in itself, and also provides deterrent. Before the police,

sentences ''The Four Books of Sentences'' (''Libri Quattuor Sententiarum'') is a book of theology written by Peter Lombard in the 12th century. It is a systematic compilation of theology, written around 1150; it derives its name from the '' sententiae'' ...

of execution or imprisonment were thought pretty efficient at this, while at the same time removing the threat criminals pose to the public (protection). Alternative sentences add to these goals, trying to reform the offender (

rehabilitation Rehabilitation or Rehab may refer to: Health * Rehabilitation (neuropsychology), therapy to regain or improve neurocognitive function that has been lost or diminished * Rehabilitation (wildlife), treatment of injured wildlife so they can be retur ...

), and put right what they did ( reparation). Traditionally, victims of a crime only played a small part in the criminal justice process, as this breaching the rules of the society. The restorative approach to justice approach often makes it a part of a sentence for the offender to apologize, compensate the damage they have caused or repair it with their own labour. The shift towards alternative sentencing means that some offenders avoid imprisonment with its many unwanted consequences. This is beneficial for the society, as it may prevent them from getting into the so-called the revolving door syndrome, the inability of a person to go back to normal life after leaving a prison, becoming a career criminal. Furthermore, there are hopes that this could alleviate

prison overcrowding Prison overcrowding is a social phenomenon occurring when the demand for space in prisons in a jurisdiction exceeds the capacity for prisoners. The issues associated with prison overcrowding are not new, and have been brewing for many years. Du ...

and reduce the cost of punishment. Instead of depriving those who commit less dangerous offences (such as

summary offence A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offe ...

s) of their freedom, the courts put some limitations on them and give them some duties. The list of components that make up a community sentence is of course different in individual countries, and will be combined individually by the court. Non-custodial sentences can include: *

unpaid work Unpaid labor or unpaid work is defined as labor or work that does not receive any direct remuneration. This is a form of non-market work which can fall into one of two categories: (1) unpaid work that is placed within the production boundary of ...

(this can be called ''community payback'' or

community service Community service is unpaid work performed by a person or group of people for the benefit and betterment of their community without any form of compensation. Community service can be distinct from volunteering, since it is not always performe ...

) *

house arrest In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if al ...

curfew A curfew is a government order specifying a time during which certain regulations apply. Typically, curfews order all people affected by them to ''not'' be in public places or on roads within a certain time frame, typically in the evening and ...

suspended sentence A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that ...

(that means that breaking the law during a sentence may lead to imprisonment) * wearing an

electronic tag Electronic tagging is a form of surveillance that uses an electronic device affixed to a person. In some jurisdictions, an electronic tag fitted above the ankle is used for people as part of their bail or probation conditions. It is also used i ...

* mandatory treatments and programmes (drug or alcohol treatment, psychological help, back to work programmes,) * apology to the victim * specific

court order A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out ...

s and

injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in p ...

s (not to drink alcohol, not to go to certain pubs, meet certain people) * regular reporting to someone (offender manager,

probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...

) *

judicial corporal punishment The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

J.D. Gleissner, "Prison Overcrowding Cure: Judicial Corporal Punishment of Adults," Vol. 49, Issue 4, ''Criminal Law Bulletin'' Art. 2 (Summer 2013).

Parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...

Probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...

References

{{reflist Punishments Sentencing (law)

Related

References