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Forum: General Assembly Third Committee

Issue: Promoting and encouraging the implementation of alternatives to imprisonment as a part of comprehensive crime prevention and criminal justice policies

Student Officer: Ana van Lieshout

Position: Deputy chair

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Introduction

Around the world, imprisonment is used on a large scale in order to prevent crime. This method has been around for a long time. The Romans were the first ones to use it as a way to punish. Since then it has been the most used way of punishment. Though used on such a grand scale, it is statistically not the most effective way of crime prevention. It is expensive, prisons are getting overcrowded and studies have shown that, in some countries, 70% of the inmates are rearrested in one-year time. This means that imprisonment is very effective as a short-term solution, but not so much as a long-term solution. By finding alternatives to imprisonment, inmates could get the help they need, in order to get back on the right track. Punishment has five functions. The first is to revenge the victims. Crime shouldn’t be encouraged. The second function is to scare other people off the wrong path. By punishing criminals, other people might reconsider their plans to for example rob the bank. The third function is to prevent the victims from seeking revenge themselves. This could lead to an endless cycle of vengeance. The fourth function is to help the criminals. The punishment should encourage the offender to better their lives. The last function is a very logical one: punishing criminals protects the rest of the society of those who want to do it harm. An alternative to imprisonment should still have these five functions. The alternatives will be discussed in this research report and in the upcoming debate.

Definition of Key Terms

Incarceration

Incarceration is the same thing as imprisonment: being in prison.

Criminal justice policies

Criminal justice policies are a country’s policy that handles the judicial system.

Inmates

Inmates are the convicted criminals in prison.

Criminology

Criminology is the scientific study of crime.

Law enforcement

Law enforcement is the activity where someone compels compliance with the rules, in this example the law.

Penology

This is a specific branch of criminology that only deals with the punishment of a crime.

Background Information

Criticism on imprisonment

Imprisonment has been under pressure as a way of punishment. One of the reasons is that it has not been shown to be a long-term solution on crime prevention, as a great number of the inmates return to the prison. A lot of countries are searching for more effective ways of punishment. But this is very difficult, as the sentence cannot lose its most important functions. But the effectiveness is not the only problem with imprisonment. Most inmates are in a relatively powerless situation, while the prison staff finds themselves in a very powerful position. This can lead to rape and/or physical abuse. This has a strong impact on the victims, who often suffer from trauma. Even though their punishment was a limited time, they suffer from it a long time. Rape is already an enormous problem but has been receiving more attention by awareness campaigns such as #metoo. Even though such campaigns are crucial, a great deal of the victims is forgotten. Human Rights Watch has revealed that rape in prisons, is not solely committed by prison staff, but also by other inmates. The staff, on the other hand, has tacitly or explicitly accepted this behaviour.

To continue, imprisonment is a way of punishment where one of the most fundamental human rights is taken away, freedom. Some people think this is not right and that this way of punishment is therefore not correct. But this alone is not a very strong argument, as the criminals could be a threat to someone else’s freedom. Taking away the criminals freedom has a preventive function. Still, this is not a point to neglect. Because their freedom is taken away, they are restricted from a lot of activities and a life outside of the prison. When your family is living in poverty, imprisonment could damage the financial situation. If an income generating person is in prison and the state does not provide financial help, this can lead to severe poverty for a whole family. This means that not only the criminal is punished; the rest of the family is collateral damage.

These points are all from the perspective of the prisoner, but imprisonment also has downsides for an innocent civilian. Prisons are expensive, and the money used to fund prisons is from the state. Civilians pay tax, and this money is partially used to support prisons. Instead of spending tax-money in high-cost imprisonment, alternative punishments could reduce the costs and thus, allow for the same tax-money to be spent on other pressing matters. Also, by finding more long-term punishment, future criminality rates can be declined, and crimes can be prevented. The points discussed are the main points of criticism on imprisonment.

Two sides of this issue

This issue is not easy to solve, and there are several things one has to remember when dealing with this problem. The first is that the offenders are still humans, how horrible their acts have been. When someone has done something terrible, the first reaction that most people have is that the criminal should be punished. When seeking revenge, one can forget that criminals are also humans. That they have done something against the law, does not mean that they shouldn’t be treated as humans. With this in mind, one has to find a practical solution. On the other hand, one must remember that the victims (and their family and friends) also deserve retribution for their suffering. It is therefore of extreme importance to never forget either side of this issue. Furthermore, for heavy crimes, such as murder and human trafficking, imprisonment can still be the best punishment or at least part of the punishment. The resolution, which will be made in the debate, should differentiate according to the social impact of a specific crime.

Alternatives

Viable solutions will now be shortly discussed and will be further explored in “possible solutions”. A good solution would be, to reward inmates when they show good behaviour. Probation or a temporary leave under supervision are good examples of rewards. Prisons would then get a little bit less crowded, inmates would not lose their connection with the society, and when they are released, they’re not entirely lost in a world that changes in an incredibly high speed.

Another alternative to imprisonment would be to sentence community service for lesser offences. This way a criminal would contribute to the society, instead of costing it money. This could be done on a large scale with juvenile delinquents.

For lesser offences, economic penalties, also known as fines, are also a very good solution. Another possibility is that the offender should offer compensation for the crime to the victim. This would only be done when there is an apparent victim. These compensations can vary from money to food. Keep in mind that for crimes such as rape and murder, this will not be a very effective solution.

For more significant offences, a status penalty could be implemented. This penalty will prevent someone that has for example committed corruption from holding a position where the offender would be able to do it again. This is a good solution where the position that the offender has, has played a significant role in the crime, i.e. political crimes.

Another solution, though not an alternative to imprisonment, is a prison reform. Educational courses could be offered and when one completes these courses, there could be a reward, for example, an early release. Also, jobs could be offered where the inmates could make money. This money could then go to their families. This money could also be used to fund the prisons so that the inmates ‘pay’ their stay in prison.

Furthermore, awareness campaigns could be held, so that one understands the harmful effects of imprisonment, to scare people off the ‘wrong path’.

Major Countries and Organizations Involved

United Nations Office on Drugs and Crime

The United Nations Office on Drugs and Crime (UNODC) is an organisation funded by the United Nations and other donors, which fights against illicit drugs and international crime. This organisation is of great importance in this issue. Since the United Nations Congress on crime prevention and criminal justice, alternatives to imprisonment have been on the agenda of the UNODC. Furthermore, the UNODC is engaged in this discussion. It has discussed the issue with experts; it has published several handbooks on the alternatives to imprisonment.

Penal Reform International

The Penal Reform International (PRI) is a non-governmental organisation that fights for the rights of prisoners. This organisation wants that the criminals receive a punishment that is fit to the nature of their crime. In collaboration with other international organisations, it works toward reforms where the criminal rights and his or her punishment is fair. They raise awareness of human rights; they also provide training for, for example, prison staff, judges and social workers. On international level, they work with other organisations, such as the ECOSOC (Economic and Social Council of the United Nations) and the Council of Europe and organise conferences, seminars to raise awareness on the subject and to bring experts together.

The Commission on Crime Prevention and Criminal Justice (CCPCJ)

This commission established by the ECOSOC and requested by the General Assembly is the main UN-body that deals with policymaking in the field of crime prevention and criminal justice. Therefore, this UN-commission also deals with alternatives to imprisonment, as that is very important for a more comprehensive crime prevention strategy. The CCPCJ does, just like the UNODC, a lot of research and endorses resolutions on this subject, made in the General Assembly; it also provides the general assembly with ideas on the topics that are being discussed and are relevant to crime prevention and criminal justice.

Relevant UN Treaties and Events

● Salvador Declaration on Comprehensive Strategies for Global Challenges: Crime Prevention and Criminal Justice Systems and Their Development in a Changing World, 21 December 2010 (A/RES65/230)

● Alternatives to Imprisonment for Certain Offences as Demand Reduction Strategies that Promote Public Health and Public Safety, 01 March 2001, (A/RES/55/12)

● The Universal Declaration of Human Rights, 10 December 1948, (A/RES/3/217)

● Standard Minimum Rules for the Treatment of Prisoners, 17 December 2015, (A/RES/70/175)

● International Covenant on Civil and Political Rights, 16 December 1966, (A/RES/21/2200)

● United Nations Standard Minimum Rules for Non-Custodial Measures (the Tokyo Rules), 14 December 1990, (A/RES/45/110)

Previous Attempts to solve the Issue

The United Nations has held prior conferences to tackle this issue. Resolutions have been made, such as, Alternatives to Imprisonment for Certain Offences as Demand Reduction Strategies that Promote Public Health and Public Safety. A lot of countries have also worked on a national level to improve their criminal justice policies to achieve a more comprehensive way of crime prevention. For example in Latvia, where, in cooperation with the EEA grants and the Norwegian grants, alternatives to incarceration have been implemented. The European Economic Area (EEA) is an organisation that consists of the 28 member states of the European Union and Liechtenstein, Norway and Iceland. The grants work toward the reduction of social and economic differences in Europe and to strengthen international cooperation in Europe. They have, as has been said earlier, implement alternatives to incarceration in Latvia.

Another good example of a country that has successfully changed their criminal justice policy is Canada. They struggled with enormous growth in prisons in the nineties and have since then successfully managed to reduce the prison population. They have for example implemented probation. This is a reward for inmates who have shown good behaviour. Their reward is a release from detention under supervision. Probation is also used on a large scale in the United States of America.

Possible Solutions

As discussed before in this research report (see “Background Information”), there are a lot of alternatives. Clauses of the resolution on this issue, should contain ideas for alternatives to imprisonment. Delegates could achieve the implementation of these alternatives by encouraging nations to implement the clauses, one way or another, in their nations law. Very important is to differentiate the punishment according to the social impact of the specific crime.

For lesser offences, probation is already used on a large scale in a lot of countries, but it could be better defined in the resolutions. A special form of probation could be implemented. This particular form is the use of anklets. This way, prisoners would be able to live and work regularly, but without being able to commit any other offences, as they are continually being watched. A radius could be implemented, for example, 4 km or in extreme cases 100 meters. The anklets could monitor the criminal’s movement and place and ensure that nothing happens. Keep in mind that this is not the cheapest alternative.

A lot less expensive are community services and economical/status penalties. Especially for juvenile delinquents, community service is a very good alternative. By doing community service, the criminal is helping the community.

Awareness campaigns are not so much an alternative to imprisonment but are nonetheless important for crime prevention. By hanging posters or planning school trips to prisons, people could be scared off the ‘wrong path’. To raise awareness on the subject of rape and abuse in prisons, lectures could be held.

Bibliography

“Why promote prison reform”, UNODC,



“Who we are”, EEA grants,



“Our approach”, Penal Reform International



“Introducing alternatives to imprisonment”, EEA grants,



“Alternatives to imprisonment remain on the agenda”, UNODC, 23 October 2008,



“Criminal Justice Resource Guides: International Organizations”, Suffolk University Boston, 12 April 2017,



“UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules)”, Penal Reform International,



“America’s probation Rate is astronomical compared to other countries, says new report” Josie Duffie Rice, Daily Kos, 2 April 2016,



“Previous Congresses”, UNODC,



“About”, UNODC,



“Sexual Abuse in Prison: A Global Human Rights Crisis”, Just Detention International,



Appendix or Appendices

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Promoting and encouraging the implementation of alternatives to imprisonment as a part of comprehensive crime prevention and criminal justice policies

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