Alternatives to Incarceration

Landscape Description

The term/title ”alternatives to incarceration” (ATI) describes any type of punishment other than imprisonment or jail that is imposed by the court. The understanding and use of alternatives to incarceration are important in Afghanistan because of overcrowding in the prisons and the resulting financial burden on the correctional system. The inmate population can be decreased by the justice sectors implementing ATI instead of continuing to use prison as a universal answer for sentencing, regardless of the offense. ATI training establishes new understanding, thinking, and approaches to sentencing.

Program Summary/Description

JSSP’s Legal Education and Training Advisor team (LETA) developed and implemented curricula to increase the knowledge and capacity of the Afghan justice sector employees regarding ATI sentencing and the role of each party in the implementation of ATI in the criminal justice process.

Project Components

ATI training is based upon existing legislation within the Afghan penal and procedural codes. The ATI curriculum is conducted over two full days and is built around three major topics: Conditional Release, Suspension of Punishment, and Enforcement and Cash Fines.

Impact/Accomplishments

LETA served as the coordinator of this training program, which is ongoing, and counts as its graduates Afghan justice sector employees, including primary court judges, criminal investigation officers, prosecutors and defense lawyers.

A Primer for Practitioners

Tool to practical introduction to rule of law development in Afghanistan, cross-referencing training and educational support material.

Latest Report

Women's Access to Justice in Afghanistan: Since the fall of the Taliban in 2002, gains in women’s rights and access to justice in Afghanistan have been remarkable, yet women’s rights remain extremely limited.