Implementing Alternative Sentencing in the Criminal Justice System: Implications for Human Rights

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Noora K Alshaibani

Abstract

Prisons operate with varying aims, including the infliction of punishment, individualdeterrence and general deterrence, even retribution or revenge. One aim is to enable offenders to become aware of their mistakes and be accepted back into the community. A problem with implementing this aim is, however, that imprisonment may generate greater capacity for offending in the convict, who may emerge from prison ‘worse’ than when entering it. This article briefly reviews the philosophy that lies behind alternatives to imprisonment by reference to a small slice of the literature and concludes that more research is required to draw firm conclusions about their efficacy. Research is needed on the domesticlevel and internationally to determine how alternative punishments may result in upholding the human rights of offenders and improving outcomes for society as a whole.

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