NCJ Number
95614
Journal
Federal Probation Volume: 48 Issue: 2 Dated: (June 1984) Pages: 11-15
Date Published
1984
Length
5 pages
Annotation
Determinate and mandatory sentencing statutes are self-defeating; the damage can be undone by returning discretion to the judiciary and to paroling authorities.
Abstract
A long-term increase in crime, particularly violent crime, has prompted the public to demand corrective action. Punitively inclined legislators have exploited the public's fear by proposing more frequent and longer terms of incarceration. Long-term criticism of gross sentencing disparities has opened the way to the usurping of traditional judicial discretion through mandatory and determinate sentencing statutes. The result has been an unprecedented increase in prison and jail populations. These developments have transpired at a time of taxpayer revolt exacerbated by a deep recession and decreasing corrections' ability to cope with any workload increase. Sixteen States have established guidelines for their parole boards; similar guidelines should be developed in the rest of the States. Discretion is a legitimate and sensible element in criminal justice decisionmaking. It provides for equity, fairness, and justice, and when necessary, provides a safety valve for an overworked system. The parole board's decision process is healthy, sensible, and appropriate; it should not be abandoned.