The Possibility of a Prison Sentence Is a Necessity

A policy which would prohibit sentencing of nondangerous offenders to prison is based on the unacceptable premise that prisons are and must continue to be destructive. The Policy would make ineffectual the less punitive sentences such as fines and probation, for the removal of the possible sanction of a prison sentence would also remove, in many instances, the strongest motive to pay the fine or keep the conditions of probation. The policy would polarize the now general attitude of the public that the courts are too lenient. The legislatures in response to the public outcry would enact more mandatory sentencing legislation. Thus the movement to encourage the use of probation and fines would be set back sharply. A prison sentence should be the last alternative considered by the trial judge. But it must be available for use and the defendant must be aware of this availability and the possibility of its use for the protection of society.