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NCJ Number: 67103 Find in a Library
Title: DETERMINATE SENTENCING IN CALIFORNIA AND ILLINOIS - ITS EFFECT ON SENTENCE DISPARITY AND PRISONER REHABILITATION
Journal: WASHINGTON UNIVERSITY LAW QUARTERLY  Volume:1979  Issue:2  Dated:(SPRING 1979)  Pages:551-569
Author(s): W T CAREY
Corporate Author: Washington University
School of Law
United States of America
Date Published: 1979
Page Count: 19
Sponsoring Agency: Washington University
St Louis, MO 63130
Format: Article
Language: English
Country: United States of America
Annotation: CURRENT TRENDS IN DEFINITE SENTENCING PRACTICES ARE EXPLORED THROUGH THE CALIFORNIA AND ILLINOIS EXAMPLES OF STATUTORY REVISIONS CURTAILING JUDICIAL DISCRETION AND ELIMINATING TRADITIONAL PAROLE.
Abstract: INDETERMINATE SENTENCING ACCOMPANIED THE REHABILITATION IDEAL, WHICH, DESPITE ITS NOBILITY, HAS BECOME UNACHIEVABLE IN THE OVERBURDENED AMERICAN PENAL SYSTEMS. PRESENT PRISON FACILITIES ARE INEFFECTIVE IN CURING SOCIALLY AND MENTALLY IMPAIRED PRISONERS, AND TERMS SERVED BY OFFENDERS UNDER THE INDETERMINATE SYSTEM DIFFER ARBITRARILY. CALIFORNIA AND ILLINOIS LEAD THE MOVEMENT AWAY FROM THE INDETERMINATE SENTENCE SYSTEM TOWARD THE MORE REALISTIC AND MORE EVENHANDED STRUCTURES OF THE DETERMINATE SENTENCE AND THE ELIMINATION OF PAROLE IN ITS TRADITIONAL FORMS. ILLINOIS LEGISLATION OUTLINES MORE PRECISE PROCEDURES FOR IMPLEMENTING THE NEW SENTENCING APPROACH, BUT CALIFORNIA ALSO HAS DESIGNED A PLAN THAT WILL LIKELY INCREASE THE UNIFORMITY OF SENTENCES AND REDUCE JUDICIAL DISCRETION. HOWEVER, NEITHER SENTENCING PLAN FULLY ERADICATES SENTENCE DISPARITY. BOTH STATES ALLOW FOR CONSIDERATION OF THE DEFENDANTS' PERSONAL NEEDS AND SITUATIONS. THIS INEVITABLY INTRODUCES ELEMENTS OF INEQUITABLE TREATMENT AMONG DEFENDANTS FOR SIMILAR CRIMES. ILLINOIS CONSIDERS FACTORS IN AGGRAVATION AND MITIGATION OF THE DEFENDANTS' OFFENSE AND CALIFORNIA MANIPULATES POSTIMPRISONMENT TERMS THROUGH A COMMUNITY RELEASE BOARD, WHICH ALSO INJECTS ELEMENTS OF PERSONAL ATTENTION INTO AN OTHERWISE FAIR SENTENCING PROCEDURE. NEVERTHELESS, BOTH ATTEMPTS REPRESENT SIGNIFICANT STEPS AWAY FROM SENTENCING DISPARITY AND TOWARD UNIFORMITY SENTENCING. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): California; Determinate Sentencing; Illinois; Judicial discretion; Parole; Sentencing disparity; State laws
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67103

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