Sanctioning Traditional Crimes with Fines: A Comparative Analysis

Abstract

Rising crime rates within traditional sanctioning patterns have resulted in a search for alternatives to incarceration in order to control both the economic and the social (humanitarian) costs of punishment. The paper explores this response in four countries: England, Germany, Sweden, and the United States—all modern, industrial democracies. The paper focuses upon the response in terms of the role accorded monetary penalties as an alternative to incarceration. This role is analyzed in terms of the actual use of fines relative to incarceration, as a sentencing disposition for traditional crimes. The major finding is that among the four countries the United States accords fines a very minor role. The reasons for this difference are explored and it is concluded that the use of fines in the United States—when compared to European experience—appears to be far below the level that would minimize the economic and social cost of punishment.