A great amount of sentencing disparity derives less from the differing philosophies and practices of judges than from the charging and plea bargaining that occur outside the courtroom. It is undesirable and unjust to reduce the calculus of sentence options to the narrow and often mandated limits of determinate sentencing. Rehabilitation should be emphasized over punishment. Many prisoners are the products of deprivation, brutality, abuse, and punishment. Furthermore, parole should not be abandoned. It is not a major factor in prison control. However, it remains a tried and tested method of reducing prison populations in times of overcrowding. States which have enacted determinate sentencing laws have seen a greater increase in prison population than other States, although no changes in crime rates have occurred. In addition, States with determinate sentences have seen an increase in inmate misbehavior. From a philosophic point of view, this Nation should aspire to much more from justice that mere vengeance or punishment. It should covet restorative qualities such as individualization, reconciliation, mercy, forgiveness, and fairness.