NCJ Number
87901
Date Published
1981
Length
195 pages
Annotation
The indeterminate sentencing model used in Hawaii results in unfair and disparate dispositions, particularly in terms of parole decisionmaking, and should be changed to a model which expressly adopts punishment as the main goal.
Abstract
Hawaii adopted the indeterminate approach in 1909 and strengthened it in 1972 when it enacted the sentencing provisions patterned after the American Law Institute's Model Penal Code. Among problems with this model are the lack of ability to predict future behavior and the resulting disparity in decisions regarding the use of incarceration and the length of incarceration. In addition, participation in prison programs does not reduce recidivism significantly, at least not under the indeterminate model, which involves an element of coercion. Hawaii has modified its indeterminate model in recent years by enacting mandatory sentencing laws which substantially determine judicial decisions regarding whether or not to imprison an offender. These laws have produced some uniformity in dispositions at that level. Formal structuring of the decisionmaking process used by the paroling authority is needed to promote uniformity at that level. The law should also state that punishment is the goal of sentencing, although punishment should not be equated with long prison terms or harsher sentencing. The adoption of punishment criteria in the paroling authority's guidelines may well call for shorter prison terms. Footnotes which contain references and appendixes presenting data tables and suggested guidelines for use by the Hawaii Paroling Authority are included.