Alternatives to Conventional Prosecution
There are alternatives to conventional prosecution, including other forms of punishment for criminal criminals than incarceration. Instead of using the most common form of incarceration known to man, the alternative style of prosecution projects a series of urgent demands on the offenders. (spending time in jail). The ability to use alternatives to conventional prosecution is optimal because it helps give the judicial system more flexible sentencing options while simultaneously protecting the public and offering offenders rehabilitation. Additionally, it saves government money by reducing jail and prison overcrowding. (NCCD, 2009). Alternatives to traditional prosecution strengthen families and communities by allowing the criminal offenders earn the community or household some money. It also protects the public by reducing crime. Finally, it should be understood that the alternatives to traditional prosecution provide the public with the chance to support the available alternatives to incarceration actively.
Types of Alternatives to Traditional Prosecution
It is the intention of this essay to identify and describe six types to alternatives to traditional prosecution. The six types of alternatives to traditional prosecution include; home confinement, community service, restorative justice and public shaming, as well as electronic monitoring and fines.
Community Service
Community service is an option where a criminal offender is assigned to some different services within a given area. The order of community service is given be a judge and runs for a significant amount of hours in a bid to complete their assigned areas within a period which is usually 90 days and six months. During this time, the offender is required to report to a nearby county-approved community volunteer services program (the court usually provides this kind of information. In this sort of punishment, the victim is required by law to pay a significant amount of fee to take part in the community program as well as ensure that they show up on time to (or "intending to") performing the tasks required of them by law.
During this period, the accused is only allowed to receive credit geared towards the completion of their working hours only when they can show up to perform the services accorded to them at their assigned location (Shilton, 2010). Normally, a community work program is an alternative type of sentencing that has been widely designed to help reduce the element of overcrowding in prison facilities. It also provides adequate maintenance services to the recreational facilities. Irrespective of this, it can be noted that the option of community service does not provide sufficient rehabilitation of the offender. That is because it is concerned more on the completion of the offender's intended working hours than their psychological and emotional growth and development.
Electronic Monitoring
Electronic control is the second form of alternatives to traditional prosecution. It also refers to a technology known as SCRAM ('Secure Continuous Remote Alcohol Monitor') (Justnet, 2016). This type of sentencing is often needed for alcohol-related crimes or on individuals who have a history of increased alcohol dependency. Being an alcohol detection bracelet worn on foot can be used to effectively monitor one's alcohol concentration level as well as control their movement (Justnet, 2016). The electronic monitoring device has a global positioning satellite (GPS) tracking, thereby providing law enforcement agencies with an opportunity to track the vast movements of the offenders especially those out on parole. Other than limited freedom of movement, electronic monitoring does not allow the offender to feel the full impact of their criminal action as it is only concerned with the movement and not the behavioral change of the individual.
Voluntary House Arrest
Voluntary house arrest is another form of an alternative to traditional prosecution that is commonly known as house arrest. In this type of sentencing, an individual is placed on home confinement or detention as indicated by a judge. Just like traditional incarceration, voluntary house arrest forces people to abide by the rule of the judge, thereby limiting their freedom of movement and association (Shilton, 2010). The tracking device is placed on the ankle of an individual or installed in their homes; all this is undertaken at the offender's personal cost as associated with their confinement. Some of the key terms and conditions that one is required to abide to include; curfew restriction, in-person office meetings or home visit by a probation officer approved by the court. Other than the personal limitations offered by this punishment, it is evident that it allows the offender the opportunity to enjoy a significant amount of luxury that lacks in prison such as proper dietary.
Fines
Being an alternative upon which a convict can bluntly escape spending time in jail, fines allows them to pay for a particular misdemeanor or felony conviction. As a result of this, a prisoner can be placed on a period of probation which can either be supervised or unsupervised. One key concern is that this type of sentencing allows renowned criminals to walk scot free upon paying the amount required by the court.
Public Shaming
This is an alternative to traditional prosecution due to its ability to commit to the art of public humiliation of an offender. It is used for low-level criminal activities such as the theft of groceries in the market. The ideal purpose of the concept of public shaming is not only to rehabilitate the offender but also discourage them from repeating the act again. For example, during sentencing, a court of law is likely to order the accused to walk around the market square with a placard on their forehead written, "Am a thief." Despite this, it can be confidently argued that this mode of sentencing is neither fair nor just as it projects a similar way of punishment to all the forms of low-level crime such as theft and assault.
Restorative Justice
Restorative justice is the last form of an alternative to traditional incarceration. It mainly focuses its attention on ensuring effective behavioral change is achieved within a given community. This can primarily be reached by repairing harm and at the same time bringing adequate healing to all those affected by crime or criminal activities. This mode of sentencing is arrived to when the offender, the victim, and community members, as well as the justice officials, jointly reach an agreement on a particular sentencing that seeks to repair the harm caused by the offender. The sentencing might include the need for the offender to build a positive rapport with the victim through the art of meditation that allows the two parties to exchange apologies and forgiveness for a crime committed (Pewcenteronthestates, 2009). One main concern that arises from this type of sentencing is the ability to adequately determine whether or not the emotions being shared by the offender are genuine or merely created to get a pardon for the crime committed.
Reference
Shilton, M., et. al., (2010). What works in residential reentry centers. Retrieved from http://www.iccaweb.org/documents/Monograph1.pdf
Justnet (2016). National law enforcement and correction technology center, keeping track of electronic home monitoring. Retrieved from http://www.justnet.org/Lists/JUSTNET%20Resources/Attachments/859/Elec-Monit.pdf
NCCD (2009). Nat'L Council on crime and delinquency, attitudes of US. Voters towards nonserious offenders and alternative incarceration. Retrieved from http://www.nccd-crc.org/nccd/pubs/2009-focus-nonserious-offenders.pdf
Pewcenteronthestates (2009). Pew Center on the states, states of recidivism: The revolving door of America's prisons, exhibit 1. Retrieved from http://www.pewcenteronthestates.org/uploadFiles/Pew-State-of-Recidivism.pdf
