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Key Text Alternatives to Prison in Developing Countries

Author: V Stern
Date: 1999
Size: 195 pages

Summary

Do increased levels of imprisonment bring benefits in public safety or protection from crime? Should criminal justice systems be given a higher profile when considering sustainable development and poverty reduction? This report from the International Centre for Prison Studies shows that new developments in penal policy are possible. It gives examples from Africa and the Caribbean of alternatives which may lead to a criminal justice system that is more constructive, socially just and effective.

The poor suffer disproportionately from crime. In most poor countries the criminal justice system fails to provide justice and security. Looking at the overall use of resources in a country, criminal justice systems are often wasteful. In addition, incarcerating significant numbers of people (the majority of those imprisoned in developing countries are petty offenders) renders them unproductive and being obliged to take care of them in prison is a huge burden. The alternatives steer towards helping the poor by not imprisoning those who do not need to be there and by putting them into institutions that help the disadvantaged and marginalized.

Based on the experience of developing alternatives to prison the following conditions emerged as being important:

A strong commitment to change from the government. This can come from supportive public speeches, senior figures attending public events and agreement to respond constructively when legislative and policy change proposals are made.
The reform leaders should appreciate what even the smallest crime means to a poor person, this will give an understanding that significant resources need to be allocated to explaining why alternatives to prison are more appropriate.
A multidisciplinary effort at the start with the judiciary leading and the involvement of the public, police, courts, social welfare organisations and other government and non-government agencies.
A long preparation process with consultation and involvement of the important actors in planning and implementation.
Quality implementation with emphasis on good supervision of offenders and frequent training to re-enforce the aims and methods.
Continued management and supervision of the scheme after its inception by a group dedicated to its development.

The implications of the work described are substantial and go beyond the countries given as examples. They suggest rational penal policies are possible if there is widespread involvement. Historically policies for helping developing countries reform their criminal justice systems have been piecemeal and often based on replicating how things are done in Western countries. Consideration of the following for possible alternatives in the future is important:

Analyses of how well Western approaches serve their home countries and how well they might be exported.
A more strategic approach in which criminal justice systems are seen as whole.
The interconnectedness of the processes of criminal justice. For example, reform of the police could lead to better detection and more suspects being charged. Without reforms in other parts of the system the result could simply be more people detained in inhumane prison conditions before trial.
Effectiveness of the criminal justice system in reducing crime, its cost and the level of competence of employees.
The strengths and quality of the countries’ traditional ways of dealing with law-breaking citizens.

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Source: Stern, V. (Ed), 1999, Alternatives to Prison in Developing Countries, International Centre for Prison Studies/Penal Reform International, London
Author: International Centre for Prison Studies, http://www.prisonstudies.org