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Interface between Law Enforcement and Psychology: A Case Study of Creative Punishment and Alternatives to Incarceration

Introduction Law enforcement. and psychology interface across several dimensions. The connexions between those two areas within the criminal justice system are most clearly seen within forensic psychology and psychiatry. The new specialization of clinical criminology has incorporated the tools of our criminal justice system with those of the social and behavioural sciences. Through these enterprises, the emergence of creative punishment, pre-sentence expertize in the sentencing process, and the use of alternatives to incarceration have come to the fore.' The development of these new interventions in the sentencing process has brought with it an emerging conflict between its proponents and law enforcement. This paper addresses the issues that have been raised by law enforcement personnelconcerning the growing use of creative punishment. With the concomitant growth in the uses of alternatives to incarceration, a study is reported which attempts to shed exploratory empirical evidence on the issues raised by the proponents and opponents to the new developments in the sentencing process. Society has always considered crime a major problem. Similarly, there has always been heated argument on what to do with our criminals. Historically, the debate has focused on rehabilitation vs. punishment. This debate has invariably led to an examination of the sentencing process. Traditionally, the sentencing issues have been discussed utilizing the concepts of determinant and indeterminant sentencing. The development of creative punishment has moved concern from determinant sentencing to alternatives to incarceration. Creative punishment has also reawakened the early debates on the place of expert testimony in the criminal justice system. Psychologists,