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Alternative Sanctions in Criminal Justice: A Comparative Legal Study

Sanksi Alternatif dalam Peradilan Pidana: Sebuah Studi Perbandingan Hukum Section Law
Vol 10 No 1 (2025): June (In Progress):

Riyadh Hussain Taqi (1)

(1) College of Nursing, University of Basrah, Basrah, Iraq
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Abstract:

General Background: Modern criminal justice systems are increasingly shifting toward alternative sanctions to incarceration, responding to the humanitarian, social, and economic burdens of traditional punitive measures. Specific Background: Overcrowded prisons, escalating costs, and rising crime rates highlight the inefficiency of imprisonment-centered policies. Knowledge Gap: Despite international recognition of alternatives, there remains limited comparative research on their effectiveness, legal structures, and practical implementation across diverse legal systems. Aims: This study investigates the legal frameworks, enforcement mechanisms, and operational challenges of alternative sanctions—including community service, house arrest, electronic monitoring, fines, and rehabilitation—across four countries: France, the United States, Saudi Arabia, and Egypt. Results: The findings reveal variations in the success of alternative sanctions based on legislative support, enforcement resources, and public acceptance. Strong institutional backing and legal clarity are key to effective implementation. Novelty: By combining descriptive and comparative analyses using legal texts, judicial decisions, human rights reports, and academic literature, the study uniquely synthesizes multi-jurisdictional insights on non-custodial sanctions. Implications: The research advocates for reinforced legal infrastructures, capacity-building within enforcement bodies, and public awareness campaigns to ensure sustainable application of humane and cost-effective alternatives to imprisonment.


Highlights:


 




  1. Shift from prison to humane alternative sanctions




  2. Comparative study of four legal systems




  3. Emphasizes law, enforcement, and public awareness




 


Keywords: Alternative sanctions, criminal justice, imprisonment, legal systems, rehabilitation

References

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