Should judges be told the cost of sentencing a prisoner?

Missouri is providing judges with figures on the relative costs of prison, probation, and other forms of punishment. Budget-minded or foolhardy?

Judges in Missouri will now weigh the price of prison in criminal punishment.
(Image credit: Corbis)

Missouri is shaking up legal circles with a new system that informs judges how much various forms of criminal punishment will cost the state. The policy, instituted last month, has defense lawyers and fiscal conservatives applauding — saying this will encourage judges to consider alternatives to prison, such as closely monitored probation, more seriously. Meanwhile, prosecutors and other critics worry that judges will go easy on criminals to save money without considering the larger social costs of crime. Bad idea?

Kudos to Missouri for thinking outside the box: Let's hope this is the start of a "revolution," says Douglas A. Berman at Sentencing Law and Policy. "One of the strongest arguments against harsh punishments is an economic one." Tossing non-violent offenders in prison is an awfully expensive way to try to make our streets safer. Now Missouri's defense attorneys and prosecutors will have to explain why probation or prison makes sense in each case, helping us get "a good public safety bang for our prison bucks."

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