Phil in Paris
12-21-2004, 10:12 PM
20.12.2004
Politicians refer again and again to "the public's sense of justice when calling for crackdowns on crime. Now, the Danish Bar Association will investigate whether Danish sentencing policy on violent crimes such rape and assault is in synch with the public
The Danish Bar Association is launching a large-scale investigation of the political trend in recent years toward tougher punishments for violent crimes such as rape and assault. Calls for tougher sentencing, which have been embraced by Social Democratic and conservative politicians alike, have traditionally rested upon "the public's sense of justice."
But just what is the concept of public justice in Denmark? And is it true that the population in general - as asserted by the political majority - favours tougher sentences for hardened criminals?
The Bar Association is setting out to outline contemporary public opinion on criminal justice in Denmark, based on its thesis that people are actually much more nuanced when it comes to sentencing.
"This reference to 'public justice' is used all the time when sentencing guidelines are sharpened, but there's no scientific basis for those views at the moment, and our hypothesis is that people in Denmark generally are not demanding tougher sentences," said attorney Helle Lokdam.
The new study is Lokdam's brainchild, and will be the first of its kind ever conducted in Denmark, if the Danish Bar Association can secure financing for the project.
The precise strategy of the study has not yet been decided upon, but the general idea is that a representative sample of the population will be asked to respond criminal cases that resemble the actual choices presented to judges and jury members in actual Danish courts.
The new study is a dramatic departure from previous, less ambitious studies in which participants were asked to respond to sentences rendered in cases described in three lines, and surveys in which questions often delve no deeper than whether respondents desire harder sentences for violent crimes.
"If you ask people whether sentences should be harder, almost everyone agrees that they should be. But the minute you look at the actual reality and the specific cases, people get more nuanced and don't generally see a need for tougher punishments," said Flemming Balvig, a professor in criminology at Copenhagen University and member of the ad hoc group assembled by the Danish Bar Association to investigate "sentencing of the future."
"It's a bit shameful that no major studies of public justice awareness have been conducted in Denmark before, considering how great a role it plays in the criminal political debate," said Balvig.
Organisers of the study hope to gain enough documentation to justify the use of alternatives to prison sentencing such as community service, without compromising the "public sense of justice," victim's rights or public safety.
"Of course you have to react (to violent crimes), but prison shouldn't be the only option. Our basic position is that non-incarcerative sentences should be an alternative to other forms of legal recourse," said Lokdam, who chairs the Bar Association's ad hoc group.
Flemming Balvig was asked whether the initiative was an attempt to dismantle Denmark's move in recent years toward a "tough on crime" policy.
"It's an attempt to clear a third path - the criminal policy debate in this country is deadlocked over whether sentences should be strict or mild. That issue is not our objective. Our aim is more to find out whether sentencing is more or less meaningful or more or less effective. We want to identify sentences or reactions that are aimed primarily at social rehabilitation, to reduce the risk for criminal recidivism (repeat offenses) and putting victims in a better position than they're in today," said Balvig.
Justice Minister Lene Espersen has welcomed the initiative, but says she is convinced that the study will find massive public support for the government's zero-tolerance criminal justice policy.
"I think there's tremendous support in the general population for harder punishments, and this study will show as much. I also believe that in some areas, people will find that we're too lenient. For example, in cases involving involuntary manslaughter, people driving recklessly and killing other people, and getting 10-12 months in prison - I think a lot of people find that kind of sentence ridiculously mild. I think they'll also find that people support very strict sentences for violent personal crimes like rape and assault, but are more reserved about tougher sentences in cases involving property - such as robbery and vandalism," said Espersen.
The ad hoc group consists of three attorneys and representatives from universities, prosecuting offices and the Danish Bureau of Prisons.
All rights reserved CPHPOST.DK ApS
http://www.cphpost.dk/get/84534.html
Politicians refer again and again to "the public's sense of justice when calling for crackdowns on crime. Now, the Danish Bar Association will investigate whether Danish sentencing policy on violent crimes such rape and assault is in synch with the public
The Danish Bar Association is launching a large-scale investigation of the political trend in recent years toward tougher punishments for violent crimes such as rape and assault. Calls for tougher sentencing, which have been embraced by Social Democratic and conservative politicians alike, have traditionally rested upon "the public's sense of justice."
But just what is the concept of public justice in Denmark? And is it true that the population in general - as asserted by the political majority - favours tougher sentences for hardened criminals?
The Bar Association is setting out to outline contemporary public opinion on criminal justice in Denmark, based on its thesis that people are actually much more nuanced when it comes to sentencing.
"This reference to 'public justice' is used all the time when sentencing guidelines are sharpened, but there's no scientific basis for those views at the moment, and our hypothesis is that people in Denmark generally are not demanding tougher sentences," said attorney Helle Lokdam.
The new study is Lokdam's brainchild, and will be the first of its kind ever conducted in Denmark, if the Danish Bar Association can secure financing for the project.
The precise strategy of the study has not yet been decided upon, but the general idea is that a representative sample of the population will be asked to respond criminal cases that resemble the actual choices presented to judges and jury members in actual Danish courts.
The new study is a dramatic departure from previous, less ambitious studies in which participants were asked to respond to sentences rendered in cases described in three lines, and surveys in which questions often delve no deeper than whether respondents desire harder sentences for violent crimes.
"If you ask people whether sentences should be harder, almost everyone agrees that they should be. But the minute you look at the actual reality and the specific cases, people get more nuanced and don't generally see a need for tougher punishments," said Flemming Balvig, a professor in criminology at Copenhagen University and member of the ad hoc group assembled by the Danish Bar Association to investigate "sentencing of the future."
"It's a bit shameful that no major studies of public justice awareness have been conducted in Denmark before, considering how great a role it plays in the criminal political debate," said Balvig.
Organisers of the study hope to gain enough documentation to justify the use of alternatives to prison sentencing such as community service, without compromising the "public sense of justice," victim's rights or public safety.
"Of course you have to react (to violent crimes), but prison shouldn't be the only option. Our basic position is that non-incarcerative sentences should be an alternative to other forms of legal recourse," said Lokdam, who chairs the Bar Association's ad hoc group.
Flemming Balvig was asked whether the initiative was an attempt to dismantle Denmark's move in recent years toward a "tough on crime" policy.
"It's an attempt to clear a third path - the criminal policy debate in this country is deadlocked over whether sentences should be strict or mild. That issue is not our objective. Our aim is more to find out whether sentencing is more or less meaningful or more or less effective. We want to identify sentences or reactions that are aimed primarily at social rehabilitation, to reduce the risk for criminal recidivism (repeat offenses) and putting victims in a better position than they're in today," said Balvig.
Justice Minister Lene Espersen has welcomed the initiative, but says she is convinced that the study will find massive public support for the government's zero-tolerance criminal justice policy.
"I think there's tremendous support in the general population for harder punishments, and this study will show as much. I also believe that in some areas, people will find that we're too lenient. For example, in cases involving involuntary manslaughter, people driving recklessly and killing other people, and getting 10-12 months in prison - I think a lot of people find that kind of sentence ridiculously mild. I think they'll also find that people support very strict sentences for violent personal crimes like rape and assault, but are more reserved about tougher sentences in cases involving property - such as robbery and vandalism," said Espersen.
The ad hoc group consists of three attorneys and representatives from universities, prosecuting offices and the Danish Bureau of Prisons.
All rights reserved CPHPOST.DK ApS
http://www.cphpost.dk/get/84534.html