U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

North Carolina's Determinate Sentencing Legislation - An Evaluation of the First Year's Experience - Executive Summary - Discussion Draft

NCJ Number
96726
Author(s)
S H Clarke
Date Published
1984
Length
30 pages
Annotation
A study was conducted to assess the effects of North Carolina's 1979 Fair Sentencing Act (FSA).
Abstract
It compared the first year of experience under the FSA with previous years. In addition to interviews with prosecutors, judges, and defense attorneys, four data sources were used. These include a sample from 12 representative counties, which provided information on court processing of felony defendants (1,325 before and 1,193 after FSA); the Department of Corrections statewide felony sentence sample (9,752 felons convicted in 1979 and 5,707 in 1981-82); the release cohort data (1,634 felons in 1977-78, 1,569 in 1980, and 2,030 in 1981); and felony judgments issued under the FSA during August 1981 - January 1982 for 1,457 convicted felons. The FSA left intact much prosecutorial and judicial discretion. Consecutive prison sentences increased among those with multiple convictions. Total length of sentence did not increase. After the FSA, plea bargaining was more often formal and fewer bargains involved sentence concessions. Suspension of sentences became less frequent. The net effect of the FSA may actually be to reduce the prison population slightly compared with the level it would otherwise have reached by 1990. Tabular data and 35 footnotes are included.