The Social and Economic Effects of Implementing Alternatives to Custodial Sentences – Community Service as a Model – on the Family in Iraqi Society: A Sociological Study
DOI:
https://doi.org/10.31150/ajshr.v6i6.3690Keywords:
alternatives to custodial sentences, community service, social and economic effects, iraqi societyAbstract
This paper has been undertaken to examine the social and economic consequences of using community punishment as a penal alternative, and its contribution in integrating convicts with the Iraqi society. As a viable substitute to imprisonment, the following issues were examined: the negative consequences to families stemming from the use of these sanctions insofar as they may represent a fundamental factor of a social cohesion and economic soundness; as well as their potential to play a role in enhancing social reintegration of convicted adults by maximizing the reinsertion of these individuals in their familial and community surroundings.In order to meet the objectives, a descriptive-analytical method was used, and the main data collection instrument was a questionnaire. The e-questionnaire was sent to a random sample of 185 lawyers from different provinces of Iraq and the responses were statistically analyzed using SPSS software.It was concluded that community service is a tenable sanction able to mitigate the deleterious social effects of the imprisonment of a family member, for example, social deprivation and stigma, and that too serves to maintain family stability, as it allows the convicted person to continue to interact with family members in his or her role as a social and economic contributor. The analysis also showed large economic effects in that financial losses due to incarceration will be reduced and families will be able to meet the costs. Community service also assists the re-acclimation of convicts into society.Thus, the research has led the issue of community service penalties to endorse the establishment of this penalty in Iraq, the adoption of a codified legal frame work for it, the elevation of national responsibility to advocate its value, and the provision of support systems in the form of psychosocial services designed to aid convicts and their family to realize it up side.
References
[1] K. M. Al-Tamimi, The Mechanism for Implementing Alternatives to Deprivation of Liberty Penalties and Their Impact on Reducing Recidivism, Amman, Jordan: Dar Wael, 2022.
[2] M. Al-Jali, Alternative to Short Term Deprivation of Freedom Penalties – A Comparative Study, Cairo, Egypt: Al-Nahda Al-Ilmiyah, 2024.
[3] I. M. Al-Hassan, Advanced Social Theories, Amman, Jordan: Dar Wael, 2005.
[4] A. M. Khater, Community Service as an Alternative to Short-Term Imprisonment – A Comparative Analytical Study, Cairo, Egypt: Al-Nahda Al-Arabiya, 2024.
[5] H. A. M. Al-Kharabsheh, The Impact of Using Alternative Sanctions in Reducing the Problem of Recidivism in Jordan from the Perspective of Judges and Lawyers, Ph.D. dissertation, Mutah Univ., Jordan, 2021.
[6] W. S. Al-Duwaikat, The Role of Modern Penal Systems in Reform and Rehabilitation: A Comparative Study, M.S. thesis, Amman Arab Univ., Jordan, 2023.
[7] K. Z. M. Al-Zain, Alternatives to Deprivation of Liberty Sanctions in Jordanian Law: A Comparative Study, M.S. thesis, Al-Isra Private Univ., Amman, Jordan, 2020.
[8] A. R. Al-Zaini, Short-Term Deprivation of Liberty Sanctions and Their Alternatives (A Comparative Study), Ph.D. dissertation, Police Academy, Cairo, Egypt, 2006.
[9] K. H. Al-Suwail, The Impact of the Application of Alternatives to Deprivation of Liberty Sanctions on Prisoners' Families, M.S. thesis, Mutah Univ., Jordan, 2014.
[10] F. A. Al-Shazly, Fundamentals of Criminology and Punishment, Alexandria, Egypt: Maaref Foundation, 2005.
[11] H. Al-Shamakhi, Judges' Attitudes, Public Prosecutors, and Lawyers Towards the Implementation of Alternatives to Deprivation of Liberty Penalties in Oman, Ph.D. dissertation, Univ. of Jordan, 2018.
[12] Z. K. Al-Dhafiri, Alternatives to Deprivation of Liberty Penalties and Their Implementation Mechanisms, Amman, Jordan: Wael House, 2021.
[13] M. S. Abdul Hafiz, W. N. Abbas, and A. Al-Sulaymani, Alternative Penalties to Deprivation of Liberty in Arab Countries: A Legal Study, Riyadh: Naif Univ. Press, 2023.
[14] M. A. Abdul Rahman, Alternatives to Deprivation of Liberty Penalties and Their Applications in Iraq, M.S. thesis, Univ. of Kirkuk, Iraq, 2019.
[15] H. Abdul Muati, The Family and Children's Problems, 3rd ed., Cairo, Egypt: Sahab Publishing House, 2020.
[16] S. A. Atallah, "Confronting Short-Term Imprisonment: A Comparative Study," Journal of Legal and Economic Research, no. 58, pp. 313–385, 2020.
[17] A. Al-Awartani, Judges’ and Lawyers’ Attitudes Toward Social Work as an Alternative to Freedom Penalties in Jordan, M.S. thesis, Mutah Univ., Jordan, 2017.
[18] M. B. Fares and F. A. Al-Abdali, "The State's Civil Liability for Liberty-Depriving Sanctions: A Comparative Study," Middle East J. Legal and Jurisprudential Studies, vol. 2, no. 4, pp. 183–195, 2022.
[19] T. Al-Majali, Alternatives to Liberty-Depriving Sanctions from the Perspective of Judges and Lawyers in Jordan, Ph.D. dissertation, Mutah Univ., Karak, Jordan, 2010.
[20] J. Moatouq, Introduction to Criminological Sociology, Cairo, Egypt: Dar Al-Kitab Al-Hadith, 2018.
[21] M. N. Al-Hiti, The General Theory of Social Crimes, Beirut, Lebanon: Dar Zein Legal Publishing, 2011.
[22] A. A. Al-Warikat, Theories of Criminology, Amman, Jordan: Dar Wael, 2013.
[23] H. Becker, Outsiders, New York, NY: Free Press, 1963. [Online]. Available: http://monoskop.org/images/2/2b/Becker_Howard_Outsiders_Studies_In_The_Sociog y_Of_Deviance_1963
[24] A. Bos, G. Reeder, J. Pryor, and S. Sutterheim, "Stigma: Advances in Theory and Research," Basic and Applied Social Psychology, Illinois State Univ. Press, USA, 2013.
[25] T. Lappi-Seppälä, "Community sanctions as substitutes to imprisonment in the Nordic countries," Law and Contemporary Problems, vol. 82, no. 1, pp. 17–50, 2019.
[26] E. Lemert, Social Pathology, 6th ed., New York, NY: McGraw-Hill, 1984.
[27] F. McNeill, "Mass supervision, misrecognition and the 'Malopticon'," Punishment & Society, vol. 20, no. 1, pp. 53–67, 2018.
[28] N. M. Padfield, "The power of diversion: Intermediate sanctions and sentencing reform," Criminology, vol. 50, no. 4, pp. 889–913, 2012.
[29] J. V. Roberts, "Public attitudes to punishment: The context," in Changing Attitudes to Punishment: Public Opinion, Crime and Justice, J. V. Roberts and M. Hough, Eds. United Kingdom: Willan Publishing, 2002, pp. 1–14.
[30] T. Sellin, Culture Conflict and Crime, New York, NY: Social Science Research Council, Bulletin 41, 1938.
[31] C. R. Shaw and H. D. McKay, Juvenile Delinquency and Urban Areas, Rev. ed., Chicago, IL: Univ. of Chicago Press, 1969.
[32] P. Smith and G. Gendreau, "The Effects of Prison Sentences and Intermediate Sanction on Recidivism: General Effect And Individual Differences," Criminology Journal, vol. 11, no. 3, May 2013.
[33] K. Turney and C. Wildeman, "Effects of parental imprisonment on family relationships: An empirical study," American Sociological Review, vol. 78, no. 6, pp. 949–979, 2013.
[34] D. van Zyl Smit and S. Snacken, Principles of European Prison Law and Policy: Penology and Human Rights, Oxford, U.K.: Oxford Univ. Press, 2009.