NCJ Number
198377
Date Published
2002
Length
73 pages
Annotation
This chapter discusses the results of legislation in North Carolina that was designed to match sentencing by judges to prison use priorities.
Abstract
The chapter includes a review of legislative history related to sentencing in North Carolina. The Fair Sentencing Act of 1979 focused on the need to reduce judge's sentence disparities, but judges reverted to earlier practices within 5 years as there was no enforcement mechanism. In 1993, the Structured Sentencing Act focused on changing the State's prison-use priorities and tightly controlled judges' decisions, lengthening prison terms for violent crimes and increasing the use of community and intermediate non-prison punishments for less serious non-property offenders. This was effective for 5 years, however, appellate judges have remained uninvolved in sentencing policy and hence no common law of sentencing has evolved. Also, prosecutors are obtaining more felony convictions overall and are dismissing or discounting more charges. Tables include, information on Fair Sentencing Act effects on prison sentences for felonies; percentage of active terms imposed for felony convictions; offense class, 1995-2000; and habitual felon convictions with class of most serious previous felony. A list of references is included.