A Comparative Study of European Corrections and Sentencing Policies

This report provides a comparative analysis of corrections and sentencing policies in the United States, Germany, and the Netherlands. The introduction outlines the study's focus on differences in sentencing and corrections practices, crime rates, incarceration, and recidivism. The report details the US's emphasis on crime control, contrasting it with Germany and the Netherlands' approaches. It examines sentencing practices in the US (offender, consistent/rational, and offense-based sentencing) and Germany (fines, diversion, suspension), along with the Netherlands' similar practices (suspended sentences, community sentences, aberration, and forfeit). The report highlights the high crime and incarceration rates in the US compared to Germany and the Netherlands and discusses recidivism rates. It recommends policy changes for the US, emphasizing resource sensitivity, a continuum of corrections, and fairness. The conclusion underscores the need for the US to adapt its practices to address rising crime and incarceration rates. The report references various sources to support its findings.

European corrections and sentencing policies
Name of the Student
Name of the University
Author Note

Table of Contents
Introduction-....................................................................................................................................3
Comparison of major differences between US corrections and sentencing practices and those in
Germany/Netherlands:.....................................................................................................................4
Describe the violent crime rates, incarceration and recidivism rates in the US versus
Germany/Netherlands......................................................................................................................6
Conclusion:......................................................................................................................................7
Reference:........................................................................................................................................8

Introduction-
This proposal has been written in order to describe the various corrections and sentencing
policies that are being adapted and practiced by the European Countries like United States,
Germany and Netherlands. In this proposal the differences between the sentencing and
corrections practices of Germany, U.S. and Netherlands shall be discussed. In the proposal the
difference between the crime rates of these countries shall be discussed, the differences in the
rates of incarceration and the rates of recidivism between these countries shall be measured, and
the various types of recommendations will be provided for the United States to follow in their
proceedings (Subramanian, R., & Shames, 2013).
It has been noted that the United States has centered itself strongly in making policies towards
crime control. The American government has enlarged its custodial sanctions. It has been seen
that within the European countries America possess the most crime rates. Though U.S. has
increased its investments on the incarceration and corrections processes but this has not made
any difference in the crime rates. Probation and Parole are types of correction functions that are
used by U.S. and jail can be said as the exact institution of correction.

Comparison of major differences between US corrections and sentencing
practices and those in Germany/Netherlands:
The American government has been using the correction and sentencing practices to ensure that
the American safety functions are working well. Corrections are those functions that are carried
out by the U.S. government agencies which include the supervision and punishment of those
people who are convicted of crimes (Sentencing.umn.edu, 2019).
Sentencing practices are said to those set of guidelines or mechanisms which are used to
determine and implement the sentencing functions. The American government follows three
types of sentencing practices which are:
Offender sentencing- In this sentencing practices there are unique measures to sentence an
offender. In this sentencing, the government of America counts upon the offenses that the
offender has committed before or it is also sentenced by notifying whether the offender was
under government custody at the time of doing offenses (Prisonstudies.org, 2019).
Consistent and rational sentencing- The American government takes its sentencing decisions
on basis of the sentencing standards and the clear reasons of offense.
Offense sentencing- In this type of sentencing the American government gives punishment to
the offenders by analyzing the seriousness of offenses (Prisonstudies.org, 2019).
The sentencing and corrections methods that are used in Germany for giving punishment to the
offenders are divided into three categories which are as:

Fines- The fines that the offenders are liable to pay to the Germany government depend on the
personal earning of the offenders. Germany is seen to use the fine system called the day fine
approach that are said to be imposed on a daily basis criteria (Prisonstudies.org, 2019).
Diversion- The prosecutors of Germany possesses broad areas to divert a offenders from the
word of persecution given to the offenders. Germany has limited allowance to penal orders that
the prosecutors can call upon which depends on minor offences.
Sentences of suspension or other society sentences- In Germany when an offender is given a
custodial sentence then the sentences are suspended which are said to be a rough counterpart of
probation (Prisonstudies.org, 2019).
Netherlands system of sentencing and corrections somehow matches the Germany sentencing
and corrections practices. The corrections and sentencing practices of Netherlands are:
Dangling sentences and different community sentences- According to the law passed in 2006
the Netherlands government is able to suspend the sentences of custody that is given for nearly
two years as partly or as a whole. Another community based sentence that is given by
Netherlands is the task penalty which means a training or work order or both which is given by
the Netherlands government to the offender and which should be fulfilled within twelve months
from sanction (Jenkins, 2019).
Aberration- In Netherlands the aberration methods that is used is called the transaction which
means that the offender has to pay a given sum of money to the treasury or has to fulfill the
prosecutions one financial requirement for not getting the criminal prosecution (Citylab.com,
2019).

Forfeit- In Netherlands the forfeit system is followed according to the act of 1983 called the
Financial Penalties Act in which states that the forfeit is charged on custodial sentence by
considering all offenses. This can include life imprisonment with a forfeit for the offenders (The
Sentencing Project, 2019).
It is seen that United States stand as the leader in the rates of crime and incarceration and this
rate is seen to be increased by nearly 500% over the last 40years. There are nearly 2.2 millions of
criminals in the prisons of America. Though American has been changing its rules and policies
but the crime rates and incarceration rates does not get affected. It is noted that America has been
using a system of dog pile which means this nation gives the criminals imprisonment, charging
fines and giving probation to offenders in order to control these rates which in turn reduces the
minor offenders’ chances of legal employment.
Describe the violent crime rates, incarceration and recidivism rates in the US
versus Germany/Netherlands.
It is noted that if an offender is caught in these offenses than they get quickly replaced by those
people who seek earning or are addicted to drug. It is noted by the National Research Council
that maximum crimes are committed by the teenagers who age between 10 years to 18years.
The rate of recidivism is said to be a major indicator of work of justice system. The American
government sees at every people that are released from the prison and computes every re-
incarceration in state bastilles in a period of three years as the recidivism.
Germany follows different type of incarceration process and it can be said that due to this the
crime rates are different when compared to the U.S. Germany normally do not put huge amount
of criminals behind the bars rather only six percent of offenders are put behind prison and 92%

of sentences are done within two years and nearly 75% of these sentences are suspended.
Germany looks those people under recidivism who are sanctioned by court and they make re-
conviction rather than making re-incarceration.
In Netherlands the incarceration process can be said to be finished since only a small offenders
percentage are sent behind bars and maximum of the offenders are enrolled for rehabilitation
programs. This process of Netherlands provides the offenders of not returning to the criminal
path (Ncsl.org, 2019). According to Vera it is noted that Netherlands follow the conditions of
confinement which involves the rehabilitation process that are goal oriented and less punitive.
Netherlands do not put those behind bars that possess mental illness but U.S. does so.
Netherlands too like Germany measures re-conviction rather than re-incarceration and all people
are considered in the recidivism rates that are sanctioned by the court (Ncsl.org, 2019).
The U.S. government is recommended to change the corrections and sentencing policies so that
these policies can reflect the prevalent needs and circumstances. These policies should be
resource sensitive because these affect the population, cost and public safety. Some continuum of
corrections and the sentencing ideas should be available, which should have prison area for the
most dangerous offenders and some adequate society programs for the supervision and diversion
of the other minor offenders. The American corrections and sentencing policies should possess
consistency, fairness, opportunity and proportionality.
Conclusion:
Thus from this above essay it can be concluded that the American government has to work on its
sentencing and corrections practices since the crime rates and the incarceration rates of America
has been increasing which gives a burden over the U.S. government.

Reference:
Criminal Justice Facts | The Sentencing Project. (2019). Retrieved from
https://www.sentencingproject.org/criminal-justice-facts /
Principles of Effective State Sentencing and Corrections Policy. Ncsl.org (2019). Retrieved from
http://www.ncsl.org/research/civil-and-criminal-justice/principles-of-sentencing-and-
corrections-policy.aspx
prisonstudies.org (2019). Retrieved from
http://www.prisonstudies.org/sites/default/files/resources/downloads/european-american-
prison-report.pdf
Jenkins, R. (2019). Comparative Prison Systems: America Vs. Germany. Retrieved from
https://www.laprogressive.com/german-prisons/
Prisonstudies.org (2019). Retrieved from
http://www.prisonstudies.org/sites/default/files/resources/downloads/european-american-
prison-report.pdf
Subramanian, R., & Shames, A. (2013). Sentencing and prison practices in Germany and the
Netherlands: Implications for the United States. New York, NY: Vera Institute of Justice.
What Are Sentencing Guidelines? Sentencing.umn.edu (2019). Retrieved from
https://sentencing.umn.edu/content/what-are-sentencing-guidelines
Why America Has a Mass Incarceration Problem, and Why Germany and the Netherlands Don't.
Citylab.com (2019). Retrieved from https://www.citylab.com/equity/2013/11/why-
america-has-mass-incarceration-problem-while-germany-and-netherlands-dont/7553/