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Determinate Sentencing, Plea Bargaining Bans, and Hydraulic Discretion in California

NCJ Number
97954
Journal
Justice System Journal Volume: 9 Issue: 3 Dated: (Winter 1984) Pages: 256-275
Author(s)
C McCoy
Date Published
1985
Length
20 pages
Annotation
Many state legislatures have passed sentencing legislation designed to increase punishment severity. More recently, some jurisdictions such as California have undertaken to supplement sentencing innovations with plea bargaining restraints. This article briefly reviews California legislation on determinate sentencing and a recent plea bargaining limitation, and then assesses their impact on prison overcrowding.
Abstract
Prison sentence lengths have not increased, but the number of convicted felons sent to prison has. In turn, the prisons have become dangerously overcrowded. Though we cannot be sure that legislative innovations are entirely responsible for the problem in California prisons, nevertheless trial judges can and do take account of overcrowding both in criminal adjudication and in civil litigation. (Publisher abstract)