Community service constitute an apologetic reparation that the person is now required to make to the community what he has wronged. The Indian Penal Code was the enacted in 1860 by virtue of the classic legal draftsmanship of Lord Macaulay. If there would have been a concept of community service prevalent at that time then the authors are sure that there would have been no need to urge the inclusion of the same in the Indian Penal Code. But since this exclusion by Macaulay is because of no fault of his it is our duty to incorporate such to meet the demands of the time and to make the IPC a living social document. Section 53 of the IPC [2] provides for the various types of punishments. But these are old and do not meet the exigencies of the …show more content…
[23] Then an Amendment bill [24] was introduced in the Parliament [25] which was passed in the Rajya Sabha but due to the proclamation of emergency it could not be passed in the Lok Sabha and it lapsed. Again the Law Commission in its 156th report [26] urged the need to implement community service in Indian Penal system. [27] Even the Malimath Committee and others [28] recommended community service as mode of punishment. [29]
Community Service Scheme has also been started in one state i.e. Gujarat and it is an alternate for offences under the Bombay Prohibition Act. Another state i.e. Andhra Pradesh (Prison is a state subject) [30] has also amended the Penal Code and introduced Community Service as a punishment. This legislation is now pending with the Union Government for their concurrence. [31]
Cases and pronouncements
We have instances where the court has ordered the offender to do community service in lieu of the offence that he has committed. The Delhi High Court asked two businessmen to perform community service with a voluntary organisation for a year as punishment for firing three shots at their friend for fun. Justice Sanjay Kishan Kaul, while quashing a first information report (FIR) against the two businessmen Monday, asked Delhi Police not to return their gun for a year. [32] For sexually harassing a woman on the bus the magistrate asked the offender to write a 25-page essay
Justice can be a controversial subject when it comes to what people want to get out of it. Victims of offences want offenders to be penalised accordingly for their actions, though justice does not always work in their favour. For some people in society, justice can vary from having to pay significant fines to incarceration but how can we truly achieve justice as a community? Communities should come together to work out processes and orders to achieve the type of justice they want to see, focusing on long term outcomes instead of the short term. ‘Priority is given to the community, enhancing its responsibility for social control while building its capacity to achieve this and other outcomes relevant
Community services shouldn't always fit the crime because some crimes are more serious then others and deserve to be sent to prison. I believe that sentence should be based on the communities needs because they will see how serious your crime is, if you can pay your crime off by doing community services and that your the right person for the job.
Unlike jail or prisons, which create an expensive cycle of violence and crime, these alternatives actually prevent violence and strengthen communities. Community corrections programs provide
Community justice broadly refers to different aspects of crime prevention and justice activities that include the quality of life as a goal for the community. Recent initiatives include community crime prevention, community policing, community defense, community prosecution, community courts, and restorative justice sanctioning systems. Community justice prioritizes different types of offenders to determine the sanctioning for the victims and to ensure the offender is ready to enter back into their community in good standing with no problems. In other words, they do not want them back in the community if they feel they have not learned their lesson or have been rehabilitated. Community justice’s main focus is to promote public safety and like I had said earlier to ensure that the quality of life of the community is in good standing. Community justice includes different ways of interpreting information about police, courts, and corrections that highlights problem-solving techniques. There is a strategy behind community justice such as including restorative justice practices and processes. They also include both adult and juvenile offenders to create a safer community rather than doing things for the offenders or actually to them. Community justice wants to prevent victimization to help establish public safety. It also places a high priority on the wants,
[http://crime.about.com/od/death/a/mitigating.htm] Another aim of sentencing is a Deterrence. The courts mainly try to deter two types of offences, such are mobile phone theft and drug/alcohol related offences e.g. burglary. The Criminal Justice Act 2003 has introduced minimum sentences to stop people from re-offending. e.g. if offenders commit two offences, they will automatically be sentenced to life imprisonment. The city centres are using a CCTV's to deter people from offending crimes such as violence, criminal damage and shop lifting. The main goal of this aim is to deter an offender from committing a future crime by fear of the punishment. There are two different types of deterrence; individual and general deterrence. The individual deterrence is trying to deter an individual offender, those they have already committed crime from re-offending in the future, by a prison sentence, a suspended sentence or a heavy fine. This is usually a harsh sentence for not serious offenses e.g In the case of R v Whitton (1985), where a football hooligan was sentenced to life imprisonment. This should stop other hooligans from re-offend.or in the case R v Hussain (Mohammed) [2005] CA a deterrent sentence was set up in relation
This obviously would stop offenders from re-offending, could decrease a criminality in the UK and even for public protection would be good if dangerous individuals are removed from a society and also could avoid the offenders picking new ideas and techniques from other prisoners.
Community Service may be ordered; up to 100 hours for offenders under 16 years and up to 250 hours for those older than 16
An option for Community Based treatment can be unpaid community service, which offers them an opportunity to pay back the communities they have victimized and offended. In addition to the community work, “Community work can help offenders make a fresh start in life. Offenders given work opportunities and skills are less likely to reoffend and many projects incorporate accredited training. Community work can increase offenders’ self-esteem and well-being and give their lives new purpose and direction” (Corrections, Prisons & Parole). As they work on themselves and pay their debt to society, they improve the environment in the communities and they free money in the budgets that are in place to pay for these services. When less money is spent on cleanup efforts, it leaves room for improvement in other social
Due to the increase of correctional populations that continue to exceed its’ capacity, correctional alternatives were created. Correctional alternatives were to alleviate both prison crowding and the threat to public safety posed by serious offenders (Flores, Holsinger, Latessa, Lowenkamp, & Makarios, 2010). Rehabilitation in the 1970s was a variable correctional goal however by the 1980s intermediate sanctions developed . Intermediate sanctions consist of house arrest, electronic monitoring, boot camps, day reporting centers, intensive supervision probation or parole, community service, fines, and curfews (Tonry, 1990). These sanctions offer community based punishments that focus on deterrence, incapacitation, and retribution (Tonry, 1990).
In this essay I shall talk about the main reasons intermediate sanctions exist, and describe in further detail what is to say when we refer to community corrections.
From history of world especially of countries like USA, India it can be find out that punishments
of that crime has to be evaluated by the same society as well as the
In South Africa, the correctional processes have trended in the last decade revealing more Community Based alternatives to incarceration. This is offered in two ways: correctional supervision and parole supervision. Other community-based alternatives to incarceration also include sanctions at the pre-trial state, and post-sentencing. In the pre-trial stage, diversion programs are offered. In the post-sentencing alternative a specified provision may be
Sanctions are available in the courts the deal with those who commit criminal offences and are sentenced to correctional
On average, when people think about community service, they assume that volunteering is just ‘hours we need to be able to graduate’ and that is it. Community service is more than just hours; community service is based on the acts performed by someone with the purpose of helping or bringing benefits to his or her community. People frequently compare community service as a punishment since it is often offered to small-time offenders as an alternative to fines or jail time. However, community service is the vital force to many communities since they depend on the service made by the volunteers