Procedural Framework for Implementing Alternatives to Custodial Sentences in Jordanian Law

Abstract

        This research addresses the topic of alternatives to custodial sentences, particularly short-term sentences, in line with modern legislative and penal policy that aims to reform and rehabilitate the convict. Reform and rehabilitation are the goals of criminal punishments, whether through traditional methods such as placing the convict in reform and rehabilitation centers or through alternatives such as suspended sentence, community service, electronic monitoring, or measures to restrict freedom as an alternative to criminal punishment.

         The Jordanian legislator proceeded in accordance with modern legislation due to its great impact on reform and the philosophy of reform by adopting alternatives to custodial penalties. The Jordanian legislator did well by amending the Jordanian Penal Code for the year 2022 by adding the text of Article (25 bis). The judicial applications came with the desired results from the philosophy of legislation and the purpose of these alternatives, especially through the application of community service. This research came to highlight the different aspects of alternatives to penalties that deprive people of their freedom and the controls and mechanism of application according to the approach of the Jordanian legislator, as well as to examine the judicial applications based on the analytical approach, This research concluded with a number of results, firstly, the correct approach followed by the legislator in adopting alternatives to custodial penalties, as well as granting the court or judge discretionary power. The research also concluded with several recommendations, such as the necessity of expanding the framework of community service.

Keywords: Alternatives punishment, procedural framework Community, enforcement judge, service, electronic monitoring