DETERMINATE SENTENCING - REFORM OR REGRESSION? PROCEEDINGS OF THE SPECIAL CONFERENCE ON DETERMINATE SENTENCING

• NCJ Number: 46779
• Author(s): ANON
• Date Published: 1978
• Length: 161 pages
• Contract Number(s): J-LEAA-022-76
• Sponsoring Agency: US Dept of Justice; University Research Corporation
• Corporate Author: Correctional Information Service, Inc
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Publication Type: Conference Material
• Language: English
• Country: United States of America
• Note: HELD AT BOALT HALL SCHOOL OF LAW, UNIVERSITY OF CALIFORNIA, BERKELEY, JUNE 2-3, 1977

Annotation

ISSUES RELATED TO THE PASSAGE AND ENACTMENT OF CALIFORNIA'S NEW DETERMINATE SENTENCING BILL ARE DISCUSSED BY CRIMINAL JUSTICE PRACTITIONERS AND OTHER EXPERTS IN THE FIELD.

Abstract

UNDER SENATE BILL 42, WHICH BECAME EFFECTIVE ON JULY 1, 1977, THE CHOICE OF PRISON TERMS IS NARROWLY CIRCUMSCRIBED FOR EACH OFFENSE, PAROLE IS RELEGATED TO A MARGINAL ROLE, AND THE AIM OF SENTENCING IS DECLARED TO BE THE PROTECTION OF SOCIETY AND THE IMPOSITION OF PUNISHMENT. THE PURPOSE OF THE CONFERENCE WAS TO EXAMINE HOW THE NEW BILL CAME ABOUT AND TO LOOK FORWARD TO WHAT IT MIGHT PRODUCE. A CONCEPTUAL OVERVIEW AND COMMENTARY ON THE MOVEMENT TOWARD DETERMINACY IN SENTENCING, INCLUDING CONSIDERATION OF ARGUMENTS FOR AND AGAINST THE ABOLITION OF PAROLE, ARE PRESENTED BY A PROPONENT OF SENTENCING REFORM. ANOTHER SELECTION DISCUSSES THE FORCES AND INTERESTS BEHIND DETERMINATE SENTENCING LEGISLATION FROM A HISTORICAL PERSPECTIVE; SPECIFIC PROVISIONS OF AND AMENDMENTS TO SENATE BILL 42 ARE DETAILED. 'FIXED' AND 'PRESUMPTIVE' SENTENCING SCHEMES OF THE SORT ENACTED IN CALIFORNIA ARE EXAMINED CRITICALLY BY A JURIST WHO FEELS THAT PROSECUTORIAL DISCRETION, PARTICULARLY IN THE FORM OF PLEA BARGAINING, SHOULD BE CHANNELED AND CONTROLLED IF DETERMINATE SENTENCING REFORMS ARE TO BE EFFECTIVE. THE EFFECT FLAT-TERM SENTENCING IS LIKELY TO HAVE ON THE ACTIONS OF CORRECTIONAL AGENCIES IS ASSESSED, WITH PARTICULAR EMPHASIS ON THE CONCEPTS OF 'GOOD TIME' AND 'FLEXIBLE INCARCERATION.' METHODS OF MONITORING AND EVALUATING THE NEW LEGISLATION ARE EXPLORED THROUGH AN ANALYSIS OF THE MAINE AND CALIFORNIA REFORM EXPERIENCES. UNINTENDED CONSEQUENCES POSSIBLE BECAUSE OF DETERMINATE SENTENCING AND CONCOMITANT RESTRICTION OR ABOLITION OF PAROLE DISCRETIONARY RELEASE ARE ADDRESSED IN THE FINAL SELECTION; ITS AUTHOR FEELS THAT DISPARITY ABUSE WILL BE EVEN GREATER IN THAT PAROLE BOARD DISCRETION WILL BE TRANSFERRED TO PROSECUTORS AND JUDGES, WHO ALREADY EXERCISE CONSIDERABLE DISCRETION THROUGH PLEA BARGAINING AND SENTENCING PRACTICES. PARTICIPANT DISCUSSION WHICH FOLLOWED EACH PRESENTATION IS SUMMARIZED, AND REFERENCES ARE PROVIDED FOR SOME SELECTIONS. A LIST OF CONFERENCE PARTICIPANTS IS APPENDED. THE CONFERENCE WAS ONE OF A SERIES OF SPECIAL NATIONAL WORKSHOPS OF THE NATIONAL CRIMINAL JUSTICE EXECUTIVE TRAINING PROGRAM.