NCJ Number
67103
Journal
Washington University Law Quarterly Volume: 1979 Issue: 2 Dated: (SPRING 1979) Pages: 551-569
Date Published
1979
Length
19 pages
Annotation
CURRENT TRENDS IN DEFINITE SENTENCING PRACTICES ARE EXPLORED THROUGH THE CALIFORNIA AND ILLINOIS EXAMPLES OF STATUTORY REVISIONS CURTAILING JUDICIAL DISCRETION AND ELIMINATING TRADITIONAL PAROLE.
Abstract
INDETERMINATE SENTENCING ACCOMPANIED THE REHABILITATION IDEAL, WHICH, DESPITE ITS NOBILITY, HAS BECOME UNACHIEVABLE IN THE OVERBURDENED AMERICAN PENAL SYSTEMS. PRESENT PRISON FACILITIES ARE INEFFECTIVE IN CURING SOCIALLY AND MENTALLY IMPAIRED PRISONERS, AND TERMS SERVED BY OFFENDERS UNDER THE INDETERMINATE SYSTEM DIFFER ARBITRARILY. CALIFORNIA AND ILLINOIS LEAD THE MOVEMENT AWAY FROM THE INDETERMINATE SENTENCE SYSTEM TOWARD THE MORE REALISTIC AND MORE EVENHANDED STRUCTURES OF THE DETERMINATE SENTENCE AND THE ELIMINATION OF PAROLE IN ITS TRADITIONAL FORMS. ILLINOIS LEGISLATION OUTLINES MORE PRECISE PROCEDURES FOR IMPLEMENTING THE NEW SENTENCING APPROACH, BUT CALIFORNIA ALSO HAS DESIGNED A PLAN THAT WILL LIKELY INCREASE THE UNIFORMITY OF SENTENCES AND REDUCE JUDICIAL DISCRETION. HOWEVER, NEITHER SENTENCING PLAN FULLY ERADICATES SENTENCE DISPARITY. BOTH STATES ALLOW FOR CONSIDERATION OF THE DEFENDANTS' PERSONAL NEEDS AND SITUATIONS. THIS INEVITABLY INTRODUCES ELEMENTS OF INEQUITABLE TREATMENT AMONG DEFENDANTS FOR SIMILAR CRIMES. ILLINOIS CONSIDERS FACTORS IN AGGRAVATION AND MITIGATION OF THE DEFENDANTS' OFFENSE AND CALIFORNIA MANIPULATES POSTIMPRISONMENT TERMS THROUGH A COMMUNITY RELEASE BOARD, WHICH ALSO INJECTS ELEMENTS OF PERSONAL ATTENTION INTO AN OTHERWISE FAIR SENTENCING PROCEDURE. NEVERTHELESS, BOTH ATTEMPTS REPRESENT SIGNIFICANT STEPS AWAY FROM SENTENCING DISPARITY AND TOWARD UNIFORMITY SENTENCING. (AUTHOR ABSTRACT MODIFIED)