If you have issues viewing or accessing this file contact us at NCJRS.gov. URCEMATERIAL I -----,...-.,.. o --.,-----~------ FEI FUCHU,TOKYO,JAPAN December /1989 RE~SOURCE MATERIAL SE.:RIES No. 36 135660- 135679 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granteffl~FE I to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis· sion of the copyright owner. UNAFEI FUCHU, Tokyo, Japan December /1989 Hiroyasu Sugihara Director United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) 1-26 Harumicho, Fuchu, Tokyo, Japan ISBN4-87033-000-8 CONTENTS Introductory Note by Hiroyasu Sugihara. .. 7 Part I: Material Produced during the 8Ist International Seminar on Advancement of the Integration of the Criminal Justice Administration SECTION 1: EXPERTS' PAPERS O~;r~~;d~g~~a~~~~~~aa~~ .~~~~~e.r~~~~~r~~ ..... l.~ 5. ~. ~ t ... 13 The Advancement of the Fourth Generation of Sanctions in W:;~~~~J:~:: Paul Tak ....................... \ 3.~.6.b.~ 21 Fair Administration of Police Responsibility and Provision of Services to the Public: The Basis for Public Cooperation \ 3 5 b by Cicero C. Campos .................................... 6.9.. 37 Integration, Diversion and Resocialisation in German Crt;~:In;fc~c~:~hner .......................... \.'?'?'~ .~.tf-. 56 Cl~~ne;: ~~:~~~ ~a.~ .~~~ ~~s. ~~c.e~:. ~~~~~~~~~~~ ... \ 3. .fS6. 6.5: 72 Investigation and Prosecution of Offences in . England and Wales l ':2 . J by John Wood ................................. .0!S b .~(a 84 SECTION 2: PARTICIPANTS' PAPERS Fair Administration of Police Responsibility in the Admi~istra~ion. of ~:iminal Justice. 135(P/P7 by Jzthakzrthze Wz}eratne Jayasunya . .. 100 The Police and the Prosecution in Criminal Justice Administration by Samuel B. Ong .............. , ............................ 105 Judicial Independence in Thailand \ ~ t:'1 j <Q> by Niwet Comephong .......................... ;.Q. .;,).~ rOo Q.. 109 Prison Overcrowding and Its Countermeasures ~ 3 £> b &" ~ by Pang, Sung Yuen ......................................... 116 The Development of Non-institutional Treatment for Crimin~l Offend~rs. in Japan ~ 3 5 b '7 () by Mztsugu Ntshznakama ............................... '.' .... 124 SECTION 3: REPORT OF THE SEMINAR Summary Reports of the Rapporteurs Session 1: Fair Administration of Police Responsibility and Provision of Services to the Public: The Basis of Public Co-operation ...................... 131 Session 2: The Exercise and Control of Prosecutorial Discretion ........ .. 135 Session 3: The Independence of the Judiciary and Control of Judicial Discretion ................................ 140 Session 4: Prison Overcrowding and Its Countermeasures 145 Session 5: Advancement of Non-custodial Measures in the Treatment of Offenders ........................... 152 Part II: Material Produced during the 82nd International Training Course on Innovative Measures for Effective and Efficient Administration of Institutional Correctional Treatment of Offenders SECTION 1: EXPERTS' PAPERS Inmate C?rievanc~ Systems in the United State.s { '3 Ctb{ t by Clau' A. Cripe ................................. r.'. .. 159 Recent Managerial and Organisational Innovations \ 3 ~ I f7 P) by Gordon H Lakes . .. ..:? ~ J.I--. 186 Some Thought::; on Correction within Penal Institutions ~ 3 b '1 by Chan Wa-shek .................................. S..... 3. 205 The Promise and Pitfalls of Classification for c~~e~~~::;1,;~~e~~'dinand .................... ,.~ ~ ~.7 4.. 213 Islamic Criminal Justice System-Legislation an~ ~!~~:t~fsaJaty ........................ ~.P. .~~.7~ .... 227 SECTION 2: P ARTICIPAl"\fTS' PAPERS Practical Measures to Alleviate the Problem of Overcrowdin~ . t3 ~0 rr0 by HJ Shardzn bzn Chek Lah ............................ "..... 235 Cr~~~~~~~fi~~s:~~ ~~ .~~~~~ ~~~. ~~~~~~ .... JS .~.~ .7 7.. 247 Some Measures Trying to Alleviate the Problem of Prisoners Ov~rcr~wding in Thailand \ 9 5'b f(g by Prapun Nazgowzt .........................................'. 252 SECTION 3: REPORT OF THE COURSE Summary Reports of the Rapporteurs Session 1: The Extent of Prison Overcrowding, Causes and Feasible Measures to Cope with I 'rIG the Problems .......................... ~ 3.56.. ~ ] 261 Session 2: The Development of Effective Alternatives to Imprisonment and Other Related Issues .............. 268 Session 3: Treatment Programmes for Specific Categories of Offenders .............................. 277 Session 4: A Staff Training and Other Issues Regarding the Improvement of Corrections Administration . 286 Part III: Material Produced during Other UNAFEI Activities Report of the Expert Group Meeting on Adolescence and Crime Prevention in the ESCAP Region ...................... 301 Introductory Note The editor is pleased to present No. 36 in the Resource Material Series including maierials from the 81st International Seminar and the 82nd Inter­ national Training Course. Part I contains materials produced during the 81st International Semi­ nar on "Advancement of the Integration of the Criminal Justice Adminis­ tration" which began on 6 February and ended on 11 March 1989. Section 1 of Part I consists of papers contributed by six visiting experts. Mr. Hetti Gamage Dharmadasa, Commissioner of Prisons in Sri Lan­ ka, in his paper entitled "Overcrowding in Prisons and Countermeasures," examines the causes of overcrowding in prisons and proposes practical coun­ termeasures to the overcrowding problem. Dr. Peter Johan Paul Tak, Professor in the Faculty of Law at the Cath­ olic University of Nijmegen in the Netherlands, in his paper entitled "The Advancement of the Fourth Generation of Sanctions in Western Europe," reviews historical development of sanction systems and discusses the new­ ly developed alternative measures to imprisonment in Western Europe. Dr. Cicero C. Campos, Chairman of the National Police Commission in the Philippines, in his paper entitled "Fair Administration of Police Respon­ sibility and Provision of Services to the Public: The Basis for Public Coop­ eration," analyzes the problems with respect to the administration of police responsibility, and seeks possible ways to solve them. Dr. Heinrich Kirschner, Director in the Federal Ministry of Justice with responsibility first for administration and subsequently for Criminal Law, Federal Republic of Germany, in his paper entitled "Integration, Diversion and Resocialization in German Criminal Procedure," introduces and exam­ ines German criminal justice system and its practice from the viewpoint of integration, diversion and resocialization of offenders. Mr. Yu Shutong, Advisor to the Commission on Internal and Judicial Affairs, the National People's Congress of the People's Republic of China, in his paper entitled "Chinese Criminal Law and Its Recent Development," introduces the current situation of and recent developments in the criminal justice system of the People's Republic of China. Mr. J ohn Wood, Head of the Serious Fraud Office, Great Britain, in his paper entitled "Investigation and Prosecution of Offences in England and Wales," introduces recent developments in criminal justice system with re­ spect to investigation and prosecution of offences in England and Wales. Section 2 contains papers submitted by five participants of the 81st In­ ternational Seminar, and Section 3 contains the Report of the Seminar. Part II presents materials produced during the 82nd International Train­ ing Course on Innovative Measures for Effective and Efficient Administra­ tion of Institutional Correctional Treatment of Offenders. The Course com­ menced on 17 April and ended on 6 July 1990. Section 1 of Part II consists of papers presented by five visiting experts. Mr. Clair A. Cripe, General Counsel of Federal Bureau of Prisons, U.S. Department of Justice, in his paper entitled "Inmate Grievance Systems in the United States," introduces and examines the development of adminis­ trative grievance mechanisms in the United States Prison System. Mr. Gordon H. Lakes, Former Deputy Director General of the Prison Service, England and Wales, the United Kingdom, in his paper entitled "Re­ cent Managerial and Organizational Innovations," describes recent impor­ tant changes and innovations in the prison service of England and Wales. Mr. Chan Wa-shek, Commissioner of Correctional Services, Hong Kong, in his paper entitled "Some Thoughts on Correction within Penal Institu­ tions," examines recent trends in the basic philosophy of correctional treat­ ment, and analyzes various conditions affecting the rehabilitation of offenders. Dr. Theodore N. Ferdinand, Professor, Center for the Study of Crime, Delinquency and Corrections, Southern Illinois University at Carbondale, the United States of America, in his paper entitled "The Promise and Pit­ falls of Classification for Correctional Systems," describes the recent de­ velopment of classification in correctional systems, and explores various methodologies being advanced in the field. Dr. Hassan EI-Sa'aty, Professor, Arab Security Studies and Training Center, in his paper entitled "Islamic Criminal Justice System-Legislation and Application," explains