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DETERMINATE SENTENCING - MAKING THE PUNISHMENT FIT THE CRIME

NCJ Number
43226
Journal
Corrections Magazine Volume: 3 Issue: 3 Dated: (SEPTEMBER 1977) SPECIAL ISSUE Pages: 1-72
Editor(s)
M S SERRILL, S GETTINGER
Date Published
1977
Length
72 pages
Annotation
ARTICLES IN THIS MAGAZINE SPECIAL REPORT PRESENT DIFFERENT ASPECTS OF THE DEBATE SURROUNDING DETERMINATE OR FLAT-TERM SENTENCING. THE NEW SENTENCING LAWS IN CALIFORNIA, MAINE AND INDIANA ARE DISCUSSED IN DEPTH.
Abstract
THE MOVEMENT TO CONTROL THE ABUSE OF DISCRETION IN THE CRIMINAL JUSTICE SYSTEM THROUGH DETERMINATE SENTENCING HAS BEGUN TO SEE ITS THEORIES PUT INTO PRACTICE: MAINE, CALIFORNIA, AND INDIANA ARE THE FIRST STATES TO ADOPT SOME FORM OF FIXED SENTENCING, AND THEIR SYSTEMS ARE THE SUBJECT OF CAREFUL SCRUTINY. FOLLOWING AN OVERVIEW OF SENTENCING PROCEDURES PAST AND PRESENT, THE NEW SENTENCING LAWS AND PROPOSALS AND THEIR RAMIFICATIONS ARE EXAMINED. ASPECTS OF THE CONTROVERSY TREATED IN THE ARTICLES INCLUDE: (1) THE QUESTION OF WHETHER TO ABOLISH, RETAIN, OR REFORM THE PAROLE RELEASE SYSTEM; (2) THE FATE OF PAROLE SUPERVISION UNDER DETERMINATE SENTENCING; (3) CONCERN ABOUT INCREASING ALREADY LARGE PRISON POPULATIONS; AND (4) DIFFICULTIES IN DECIDING WHO SHOULD SET FLAT TERMS AND WHO SHOULD EXERCISE DISCRETION.

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