ABOLISHING PAROLE - ASSURING FAIRNESS AND CERTAINTY IN SENTENCING

• NCJ Number: 61828
• Journal: Hofstra Law Review Volume: 7 Issue: 2 Dated: (WINTER 1979) Pages: 281-314
• Author(s): K SKRIVSETH
• Date Published: 1979
• Length: 34 pages
• Corporate Author: Hofstra University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE PERCEIVED STRENGTHS OF SENATE BILL S. 1437, CREATING SENTENCING GUIDELINES, ARE DISCUSSED, AND AN AMENDMENT ABOLISHING PAROLE IS PROPOSED.

Abstract

SENATE BILL S. 1437 PROVIDES THE BENEFITS OF FOCUSING FEDERAL SENTENCING LAW AWAY FROM THE OUTMODED THEORY OF REHABILITATION, THEREBY PERMITTING A MORE BALANCED APPROACH TO SENTENCING; CREATING SENTENCING GUIDELINES FOR JUDGES WHICH WOULD PROVIDE FOR FAIRER SENTENCES, REDUCE UNWARRANTED DISPARITY IN SENTENCING; AND HAVE THE SENTENCING JUDGE RATHER THAN THE PAROLE COMMISSION DETERMINE THE APPROPRIATE EFFECTS OF OFFENSE AND OFFENDER CHARACTERISTICS ON A PRISONER'S RELEASE DATE, WITH THE PAROLE COMMISSION DETERMINING THE EFFECT THAT SUBSEQUENT EVENTS SHOULD HAVE ON THE RELEASE DATE IN THOSE UNUSUAL CASES IN WHICH PROGRESS IN A CORRECTIONAL PROGRAM IS RELEVANT TO THE RELEASE DATE. CONTINUAL REFINEMENT OF FEDERAL SENTENCING POLICY AND PRACTICES IS PERMITTED UNDER THE BILL BY PROVIDING FOR EVALUATION OF THE EFFECTIVENESS OF THE SENTENCING GUIDELINES AND FOR APPELLATE OPINIONS REGARDING SENTENCES OUTSIDE THE GUIDELINES. AMENDING S. 1437 TO ABOLISH PAROLE WOULD ELIMINATE THE LAST VESTIGES OF INDETERMINATE SENTENCING. THIS WOULD ALLOW BOTH OFFENDERS AND THE PUBLIC TO KNOW THAT AN ANNOUNCED PRISON SENTENCE IS THE ACTUAL LENGTH OF TIME AN OFFENDER WILL BE IN PRISON. ABOLISHING PAROLE WOULD ALSO ELIMINATE THE CURRENT COSTLY DUPLICATION OF EFFORT THAT EXISTS BECAUSE BOTH THE SENTENCING JUDGE AND THE PAROLE COMMISSION EVALUATE INFORMATION AVAILABLE AT THE TIME OF SENTENCING, OFTEN WITH DIFFERING RESULTS. ABOLISHING PAROLE WOULD HAVE A FAVORABLE EFFECT UPON PRISON DISCIPLINE AND PARTICIPATION IN REHABILITATION PROGRAMS, BECAUSE OF THE CERTAINTY OF THE RELEASE DATE, WHICH PROVIDES AN INCENTIVE TO PLAN FOR THE FUTURE. POSTRELEASE SUPERVISION WOULD BE LIMITED TO RELEASEES WHO MOST NEED IT, AND ALL OTHER RELEASEES WOULD HAVE SERVICES AVAILABLE IN A NONCOERCIVE CONTEXT. FOOTNOTES ARE PROVIDED.