Prison sentences: last resort or the default sanction?

Abstract

This paper discusses the sentencing purposes for penal penalties, judges' perceptions of sentencing purposes and prison sentences, and the effects of penal sanctions. We examine judges' positions towards different penalties, with a focus on imprisonment, since their views on the different penalties are related to their sentencing decision-making. Understanding these views is then critical for several practical and political purposes, including bridging the gap between academic discourse and legal practice. We accessed judges' views on penal sanctions through a questionnaire and an interview. Our sample is compounded by the judges of the criminal courts from the three major cities in Portugal. Despite the most recent criminological empirical knowledge, judges valued imprisonment as the most adequate sentence, both for different crimes and for different judicial purposes. This result is not consistent with viewing imprisonment as a 'last resort' solution. Indeed, we did not find this 'last resort' position in our data, and it is not apparent in the judicial statistics on imprisonment rates. Our data highlight the importance of increasing judges' training on criminological and sociological issues as well as the importance of changing the influence of their personal beliefs regarding penal sanctions into research-based positions.

Prosecutorial decision-making regarding offenders’ social reintegration programs in intimate partner violence cases. A Portuguese study

“…However, imprisonment has revealed to have little efficacy in revictimization and recidivism deterrence [ 8 , 13 , 14 ], not to mention other costs associated with the imprisonment process [ 13 , 15 ].…”

“…Only 14.9% of defendants in Portugal were prosecuted in 2020, with 2.4%of those convicted [ 45 ]–and 17.2% of those sentenced to jail [ 46 ]. Furthermore, convictions seem to be inefficient and ineffective towards reoffending and recidivism [ 8 , 13 , 14 ], besides the personal, social, and economic costs associated with the imprisonment system [ 13 , 15 ].…”

Mental Health Issues during Covid-19 Pandemic in Portuguese Prisons

“…Therefore, the Portuguese penal system should reflect on how prison sentences are assigned since, in most individuals, the purpose of rehabilitation might be fully achieved with community sentences, sending only to prison those truly dangerous. These considerations would provide a better sense of justice and the use of prison sentences as more discretional rather than proverbial [50].…”

Community sanctions: Offenders’ perceptions about their appropriateness

“…We believe that such differences might be related to their criminogenic needs, and such discrepancies should be emphasized during the sentencing, as well as during the rehabilitative process. These considerations stress the importance of analyzing if judicial decisions are evidence-based or if they are based on judges’ considerations—such as the seriousness of crimes, and individuals’ dangerousness and rehabilitation potential (Castro-Rodrigues et al, 2018; Stouwe et al, 2016). This exploratory study provides information about who are the people who are allowed to serve an order in the community.…”