DISPARITY, HUMANENESS AND THE POLITICS OF REFORM A CRITICAL ANALYSIS OF THE DETERMINATE SENTENCE

• NCJ Number: 57630
• Journal: Criminal Justice Review Volume: 3 Issue: 1 Dated: (SPRING 1978) Pages: 81-90
• Author(s): T R CLEAR; J D HEWITT
• Date Published: 1978
• Length: 10 pages
• Corporate Author: Georgia State University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IT IS ARGUED THAT INSTITUTION OF THE DETERMINATE SENTENCE MAY NOT ACHIEVE ITS PRIMARY AIM, THE ELIMINATION OF UNEQUAL SENTENCING PRACTICES, AND MAY ACTUALLY HAVE UNDESIRABLE SIDE EFFECTS.

Abstract

THE MAJOR INDICTMENT OF THE INDETERMINATE SENTENCE BY REFORMERS IS THAT IT IS BASED ON ARBITRARY AND UNRELIABLE INTUITION. THE RESULT IS A GREAT DISPARITY IN TIME-SERVED OFFENSES CREATED UNDER THE RUBRIC OF HELP.' SENTENCE DISPARITY AND ARBITRARINESS IN PAROLE DECISIONS HAVE BEEN CITED AS FACTORS IN PRISON DISTURBANCES. THE READINESS ARGUMENT, I.E. A PAROLE BOARD MAKING THE DECISION AS TO WHEN AN OFFENDER IS READY TO BE RELEASED ON PAROLE, CAN EASILY BECOME A RATIONALE FOR UNEQUAL TREATMENT OF PRISONERS. HOWEVER, CRITICS OF THE DETERMINANT SENTENCE ARGUE THAT IT IS UNLIKELY THAT REMOVAL OF PAROLE RELEASE DISCRETION WILL SUBSTANTIALLY REDUCE SENTENCE DISPARITY. MUCH OF THE CURRENT DISPARITY IS RELATED TO URBAN-RURAL DISCREPANCIES AND DIFFERENCES IN PROSECUTORIAL CHARGING AND BARGAINING PATTERNS. THE GREATEST DISPARITY EXISTS BETWEEN URBAN AND RURAL JURISDICTIONS BECAUSE OF THE DIFFERENCES IN PERCEPTIONS OF THE SERIOUSNESS OF THE OFFENSE. PLEA NEGOTIATIONS WILL CONTINUE AFTER INSTITUTION OF DETERMINATE SENTENCING AND WILL BE SUBJECT TO THE SAME DISPARITIES: EXPERIENCED V. INEXPERIENCED OFFENDERS, TOUGH V. SOFT PROSECUTORS, ETC. IN ADDITION, THESE CRITICS MAINTAIN THAT THE OPERATION OF 'GOOD-TIME' (TIME OFF FOR GOOD BEHAVIOR) PROVISIONS WILL BE SUSPENDED UNDER A DETERMINATE SYSTEM AND TREATMENT WILL BE PLAYED DOWN, LEAVING SERIOUS DOUBTS AS TO THE HUMANENESS OF THE NEW SYSTEM. FINALLY, THE CURRENT POLITICAL ENVIRONMENT MAKES IT LIKELY THAT THIS REFORM WILL CREATE INCREASINGLY HARSH SENTENCES. ALTERNATIVES SHOULD BE DEVELOPED WITH THE GOALS OF CONTROLLED TREATMENT, REDUCED PRISON POPULATIONS, AND THE USE OF DISCRETION WHICH IS ARTICULATED AND PUT IN WRITTEN FORM. NOTES ARE INCLUDED.