NCJ Number
58304
Journal
State Legislatures Volume: 5 Issue: 2 Dated: (FEBURARY 1979) Pages: 12-15
Date Published
1979
Length
4 pages
Annotation
A TREND IN THE INCREASE OF NEW PRISONS IS NOTED, AND A COUNTERTREND IN SENTENCING ALTERNATIVES TO INSTITUTIONALIZATION IS DESCRIBED, ALONG WITH A DISCUSSION OF THE TREND TOWARD DETERMINATE SENTENCES.
Abstract
THE UNITED STATES IS IN THE MIDST OF A PRISON BUILDING BOOM, WITH SOME $2.2 BILLION WORTH OF NEW STATE PRISON FACILITIES NOW UNDER CONSTRUCTION OR IN THE PLANNING STAGES IN 45 STATES. PROPOSALS TO RESTRICT THE DISCRETION OF SENTENCING JUDGES OR CURTAIL THE POWERS OF PAROLE BOARDS TO GRANT EARLY RELEASE ARE ON THE LEGISLATIVE CALENDAR IN MOST STATES THIS YEAR AND HAVE RECENTLY BEEN ADOPTED IN SOME FORM IN AT LEAST TEN, MAKING IT LIKELY THAT PRISONS WILL BE FILLED AS QUICKLY AS THEY CAN BE BUILT. THIS TREND IS LARGELY IN RESPONSE TO PUBLIC PRESSURE TO GET TOUGH WITH CRIMINALS IN THE FACE OF PUBLIC PERCEPTIONS OF VULNERABILITY TO VICTIMIZATION. THOSE FAMILIAR WITH EMPIRICAL STUDIES, HOWEVER, ARE AWARE THAT IMPRISONMENT IS NOT ONLY AN EXPENSIVE WAY OF HANDLING OFFENDERS, BUT IS MOST LIKELY TO REINFORCE AND EXACERBATE CRIMINAL TENDENCIES. AT THE SAME TIME, THERE IS A COUNTERTREND SPEARHEADED BY JUDGES AND OTHER CRIMINAL JUSTICE EXPERTS AROUND THE COUNTRY WHICH EMPHASIZES SENTENCE ALTERNATIVES TO INSTITUTIONALIZATION. INSTEAD OF IMPRISONMENT, MANY JUDGES ARE SENTENCING NONVIOLENT OFFENDERS (THE MAJORITY OF OFFENDERS) TO PERIODS OF COMMUNITY SERVICE, THE FULFILLMENT OF EDUCATIONAL REQUIREMENTS, FINANCIAL RESTITUTION TO VICTIMS, AND OTHER COMMUNITY-BASED ACTIVITIES DEEMED APPROPRIATE FOR PARTICULAR OFFENDERS AND SPECIFIC OFFENSES. THOSE SUPPORTING THIS TREND VIEW IT AS BEING MORE EFFECTIVE IN REDUCING RECIDIVISM THAN IMPRISONMENT. THE TREND TOWARD DETERMINATE SENTENCING, WHICH LIMITS THE JUDGE'S SENTENCING DISCRETION, IS UNCLEAR AS TO ITS POSSIBLE EFFECTS ON THE FREQUENCY AND LENGTH OF IMPRISONMENT. IT MAY POSSIBLY ENCOURAGE THE USE OF IMPRISONMENT AND LEAD TO LONGER PRISON TERMS. INCREASED IMPRISONMENT, LARGELY A RESPONSE TO AN INCREASE IN CRIME IN THE EARLY 70'S, MAY PROVE TO BE AN OVERREACTION TO THE PEAK OF A POPULATION CYCLE THAT PRODUCED A LARGE NUMBER OF YOUNG PEOPLE IN THE CRIME-PRONE AGES IN THE EARLY 70'S. THE CYCLE IS NOW TAKING A DOWNWARD TURN. THIS, COUPLED WITH PROPOSITION 13 FEVER, MAY PROVE TO REVEAL THE PRISON BOOM AS A SERIOUS PLANNING AND POLICY ERROR.