NCJ Number
98502
Date Published
1985
Length
45 pages
Annotation
Twenty-one case studies were selected to demonstrate the unnecessary or excessive prison terms being served under New York's mandatory sentencing laws. It is suggested that these statutes contribute to the problems of prison overcrowding.
Abstract
New York drug laws mandate lengthy incarceration for a broad range of drug offenses. The Second Felony Offender Law mandates a prison term for any person convicted of a repeat felony, regardless of the offender's motivation or personal history or circumstances of the crime. New York's Violent Felony Offender Law requires prison terms for virtually all first offenders convicted of a violent crime. The case studies spotlight persons imprisoned under these laws who do not fit the image of 'hardened criminals' supposedly targeted by the mandatory sentencing laws. Recommendations call for (1) the elimination of mandatory sentences, (2) the restoration of judicial discretion in sentencing, (3) the expansion of alternatives to incarceration, and (4) the development of community-based programs that address the social and economic conditions that breed crime.