International Journal of Research and Innovation in Social Science (IJRISS) |Volume VI, Issue XII, December 2022|ISSN 2454-6186
Prof. M.W. Jayasundara., D.M. Gamini Samarakoon
University of Sri Jayewardenepura, Sri Lanka
Abstract: In this study, the success of Sri Lanka’s system of community-based corrections is discussed, with a focus on its usability. The research problem concentrates on how far the community corrections Act has been successful in achieving its objectives. For this purpose, 100 offenders who were undergoing treatment under the community corrections Act were randomly selected and interviewed using a semi-structured interview schedule. Apart from that, an interview schedule was used to collect data from randomly selected 12 community corrections officers and five lawyers. The study revealed that the main objectives of the community-based corrections act had not been achieved for simple reasons such as overcrowding of prisons, the decline in the imprisonment of offenders for minor offences, and sending them for community-based corrections. Reduction of reconviction and recidivism and rehabilitation have not been maintained at a satisfactory level for the last 20 years. The study has revealed that the lack of knowledge and misconceptions about the Act and its process, non-compliance with the provisions of the Act, failures in the Community Corrections Department, and the lack of human and physical resources are the main reason for the ineffectiveness of the corrective mechanism. It was found that no considerable amendments to the Act would be necessary if it were to be implemented properly. Finally, the study has recommended improving awareness among the judges, lawyers, and the general public; issuing guidelines for magistrates to properly implement the provisions of the Act; establishing an organized institution to implement community corrections orders; appointing qualified officers, and organizing proper training for them; providing of due facilities for the officers for the effective implementation of the mechanism.
I. BACKGROUND OF THE STUDY
Since the most primitive age of human society, sentencing has been identified as a way of inflicting punishment on individuals who do not conform to the behavioral patterns accepted by a society or group. People believed that crime was a violation of the divine system of rules by the evil element in society. Therefore, they considered that the wrongdoer should be given suitable punishment so that he would abstain from committing evil (Alarid, 2016:5). They thought that the more severe the punishment was it would be not only painful but the better to be free from evil; not only for the wrongdoer but also for his family and friends. Therefore, painful punishments such as the death penalty, whipping, or caning in public were frequent. The main idea of the punishment was to deter the offender from repeating the same course of misconduct. The objective of the punishment was often quite restricted.