Critical Note on the Criminal Punishment Code: Florida's Alternative to Its Sentencing Guidelines

• NCJ Number: 185326
• Journal: Corrections Management Quarterly Volume: 4 Issue: 4 Dated: Fall 2000 Pages: 78-82
• Author(s): David B. Griswold; Adam L. Dobrin
• Date Published: 2000
• Length: 5 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

In 1998 Florida abolished its sentencing guidelines and replaced them with The Criminal Punishment Code (Florida Chapter 97-194); this article critically examines the new code and compares it with the previous sentencing guidelines.

Abstract

The objectives of sentencing under the code and previous sentencing guidelines are essentially the same. They are to reduce unwarranted sentencing disparity; to punish offenders and minimize the importance of rehabilitation; to make penalties proportionate to the seriousness of the instant offense; and to sentence offenders with previous records of convictions more harshly. Regarding the last objective, the code still permits less serious offenders to receive more severe sanctions than more serious offenders if they have prior convictions. The 10 offense severity levels and the five factors weighted in sentencing remain in the new code. Similar to the previous guidelines, the code also enumerates several factors that may be used in mitigating sentences, although they are not intended to be exhaustive. The code also retains the same gain-time provisions (meritorious and incentive) as well as truth-in-sentencing, which requires that all inmates convicted after October 1995 serve at least 85 percent of their sentences. A major change is that it is no longer possible to aggravate sentences, although the code still provides specific sentences for all offenders. Whether Florida has met the stated objectives of structured sentencing since the inception of the original sentencing guidelines is dubious. Clearly, sentencing has become more punishment oriented; similarly, the importance of rehabilitation has been minimized. What is less certain is whether the code has reduced unwarranted disparity in sentencing based on race, gender, and socioeconomic status. Overall, it is likely that sentences in Florida will become more punitive in terms of sentences given, actual time served in prison, and the proportion of time served. 16 references