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NCJ Number: 98502 Find in a Library
Title: Do They Belong in Prison? The Impact of New York's Mandatory Sentencing Laws on the Administration of Justice
Corporate Author: Correctional Assoc of New York
United States of America
Date Published: 1985
Page Count: 45
Sponsoring Agency: Correctional Assoc of New York
New York, NY 10027
Type: Report (Study/Research)
Format: Document
Language: English
Country: United States of America
Annotation: Twenty-one case studies were selected to demonstrate the unnecessary or excessive prison terms being served under New York's mandatory sentencing laws. It is suggested that these statutes contribute to the problems of prison overcrowding.
Abstract: New York drug laws mandate lengthy incarceration for a broad range of drug offenses. The Second Felony Offender Law mandates a prison term for any person convicted of a repeat felony, regardless of the offender's motivation or personal history or circumstances of the crime. New York's Violent Felony Offender Law requires prison terms for virtually all first offenders convicted of a violent crime. The case studies spotlight persons imprisoned under these laws who do not fit the image of 'hardened criminals' supposedly targeted by the mandatory sentencing laws. Recommendations call for (1) the elimination of mandatory sentences, (2) the restoration of judicial discretion in sentencing, (3) the expansion of alternatives to incarceration, and (4) the development of community-based programs that address the social and economic conditions that breed crime.
Index Term(s): Case studies; Drug offenders; Legislative impact; Mandatory Sentencing; New York; Prison overcrowding; Recidivist statutes; Violent offenders
Note: Case Histories Project.
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