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MANDATORY SENTENCING - THE POLITICS OF THE NEW CRIMINAL JUSTICE

NCJ Number
60268
Journal
Federal Probation Volume: 43 Issue: 1 Dated: (MARCH 1979) Pages: 3-9
Author(s)
H R GLICK
Date Published
1979
Length
7 pages
Annotation
A CRITICAL ASSESSMENT OF THE MOTIVES AND LIKELY IMPACT OF THE SHIFT FROM INDETERMINATE TO DETERMINATE SENTENCING POLICIES IS PRESENTED.
Abstract
COMPLAINTS ABOUT JUDICIAL AND PRISON SYSTEMS THAT LED TO SENTENCING REFORMS ARE NOTED. THE PROPONENTS AND OPPONENTS OF DETERMINATE SENTENCING ARE IDENTIFIED AND THEIR POSITIONS REVIEWED. FUNDAMENTAL PROBLEMS WITH DETERMINATE SENTENCING ARE POINTED OUT, AND THE EMPIRICAL LITERATURE ON THE IMPACT OF DETERMINATE SENTENCING IS REVIEWED. IT IS CONCLUDED THAT, WERE MANDATORY AND FIXED SENTENCING LAWS FULLY APPLIED, THEY MIGHT PRODUCE SOME BENEFITS BEYOND THEIR IMMEDIATE POLITICAL APPEAL. HOWEVER, UNLESS LEGISLATURES ARE WILLING TO IMPRISON ALL OFFENDERS FOR LENGTHY PERIODS AND TO FUND PERPETUAL NEW PRISON CONSTRUCTION, AND UNLESS THE COURTS ARE WILLING TO APPLY MANDATORY SENTENCES IN ALL APPROPRIATE CASES, THE DETERMINATE SENTENCING LAWS PROBABLY WILL HAVE VERY LITTLE IMPACT. WHEN MANDATORY SENTENCING IS USED ONLY AS A BARGAINING TOOL, WHEN JURIES REFUSE TO CONVICT UNDER MANDATORY SENTENCING, AND WHEN MANDATORY SENTENCING LAWS APPLY ONLY TO CERTAIN OFFENSES, THE THRUST OF THE NEW POLICY IS LOST. WITH ONLY CERTAIN FELONS CONVICTED UNDER THE NEW LAWS, FEELINGS OF INJUSTICE CONTINUE TO PERVADE THE JAILS AND PRISONS. FURTHERMORE, THE PUNISHMENT RHETORIC OF DETERMINATE SENTENCING IS LIKELY TO END EFFORTS TO REHABILITATE OFFENDERS. THE WISDOM OF ABANDONING EVEN THE CHANCE OF REHABILITATION FOR SOME OFFENDERS IN FAVOR OF AN UNEQUALLY APPLIED SELECTIVE PUNISHMENT POLICY IS QUESTIONED. DIRECTIONS FOR RESEARCH ON THE RELATIONSHIP BETWEEN SENTENCING AND CRIME ARE SUGGESTED.