Problems addressed

Effectiveness

Mixed Evidence

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Mixed Evidence

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Description

Alternative Measures, whether “open”, “community-based”, or “precautionary”, refer to the legal institutes applicable whether before or after conviction, which, by judicial decision, seek to impose non-custodial penalties and sanctions instead of establishing a sentence of imprisonment.
The application of alternatives is seen as a way to reduce the high rate of unsentenced (untried) prisoners and the number of persons sentenced to short prison terms in order to avoid the cohabitation of persons investigated for crimes of lesser offensive power with others accused of committing more serious crimes. Under this concept, there is a wide range of community programs offered at various stages of the criminal justice process.
This type of sanction has become one of the pillars of criminal and correctional policy-making in developed countries, and are often considered useful measures for assessing and managing the risk posed by certain offenders who remain at liberty or who return to the community after a period of incarceration.

Country of application
  • Argentina
  • United States
Evidence

Evidence shows that non-custodial measures may be more effective to reduce recidivism compared to incarceration [1].
An examination of two datasets with 222 comparisons of offender groups (n = 68,248) indicated that offenders who were incarcerated longer had a slight 3% increase in recidivism compared to offenders who were incarcerated for a shorter period. Furthermore, comparing an additional sample of 267,804 incarcerated individuals versus others who received a non-custodial measure in the community identified that those who had been incarcerated showed a 7% increase in recidivism [2].
Another study compared the effectiveness of non-custodial measures with incarceration using different methodological approaches and a population sample [3]. The results revealed that incarceration increases recidivism in the one-, two-, and three-year follow-up periods, even after controlling for different variables, such as age, gender, and race/ethnicity.
A systematic review by the Campbell Collaboration included 14 high-quality studies, including three Randomized Controlled Trials (RCTs) and two natural experiments, and found conflicting evidence on the effectiveness of non-custodial sanctions.
The review included two meta-analyses. The first examined only RCTs and natural experiments, and found no significant differences between custodial and non-custodial sanctions in terms of their impact on recidivism. Differences in recidivism are modest at best, although slightly in favor of non-custodial sanctions. The second meta-analysis included only quasi-experimental studies, and its results showed a significant “criminogenic” effect of custodial sentences.
Overall, the meta-analyses lead to contradictory conclusions, namely: no effect if the analysis is limited to RCTs and natural experiments, and a statistically significant effect in favor of non-custodial sanctions if the analysis is conducted with quasi-experimental studies. The authors speculate that this difference may be explained by the fact that RCTs offer better conditions for controlling for potentially influential variables, such as offenders’ personal characteristics, which may affect sentencing decisions as well as the risk of recidivism. Nevertheless, the authors conclude that, although several studies have reached the level required for inclusion in the systematic review, further studies of high methodological quality are still needed.

Bibliography

[1] Durlauf, S. N. y Nagin, D. S. (2011). Imprisonment and crime. Criminology & Public Policy, 10(1), 13–54. https://doi.org/10.1111/j.1745-9133.2010.00680.x

[2] Gendreau, P., Goggin, C., Cullen, F. T., & Andrews, D. A. (2001). The effects of community sanctions and incarceration on recidivism. In Compendium of Effective Correctional Programs 1(4). Ottawa, Ontario: Correctional Service of Canada, Solicitor General of Canada. https://www.ojp.gov/ncjrs/virtual-library/abstracts/effects-community-s…

[3] Bales, W. D. y Piquero, A. R. (2012). Assessing the impact of imprisonment on recidivism. Journal of Experimental Criminology, 8(1), 71–101. https://doi.org/10.1007/s11292-011-9139-3

[4] Villettaz, P., Gillieron, G., & Killias, M. (2015). The effects on re‐offending of custodial vs. non‐custodial sanctions: An updated systematic review of the state of knowledge. Campbell Systematic Reviews, 11(1), 1-92. https://onlinelibrary.wiley.com/doi/epdf/10.4073/csr.2015.1

Evaluated cases

Why might the cases evaluated have different levels of effectiveness in relation to their respective type of solution?
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Some cases were not included in the evidence bank due to deficiencies detected in the methodology of their impact evaluations.
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