NCJ Number
164719
Journal
Criminal Justice Policy Review Volume: 7 Issue: 2 Dated: (1995) Pages: 155-184
Date Published
1996
Length
30 pages
Annotation
Data from Florida, a determinate sentencing State, and New York, an indeterminate sentencing State, formed the basis of an analysis of the political and economic issues underlying the increase in prison and parole officials' sentencing discretion.
Abstract
The research sought to determine which sentencing model is preferable in practice, given that both rest on faulty theory. Data were collected by means of semistructured interviews with 35 high-ranking officials involved in sentencing and corrections policies, as well as reviews of documents from legislatures, sentencing commissions, and agencies. Results revealed that early release programs in both States allowed legislators to talk about being tough on crime while avoiding the full fiscal sacrifices needed to support a truly tough policy. In both States, administrative discretion was enlarged due to pressures to control prison populations. The analysis suggested that discretion may be inevitable, but it can also be structured. Neither State has followed the analyses and recommendations of Kenneth Culp Davis and Walker. The analysis revealed the difficulty of assessing the merits of the two programs and the need for further research. Notes and 72 references