NCJ Number
56665
Journal
Federal Probation Volume: 42 Issue: 4 Dated: (DECEMBER 1978) Pages: 3-10
Date Published
1978
Length
8 pages
Annotation
THIS ARTICLE BY THE U.S. PAROLE COMMISSION CHAIRMAN EXPRESSES DISSATISFACTION WITH SENATE BILL 1437 AND ADVOCATES THE RETENTION OF PAROLE COMMISSION AS THE TERM SETTER FOR PRISON SENTENCES EXCEEDING 1 YEAR.
Abstract
SENATE BILL 1437 PROPOSES A SYSTEM OF CRIMINAL SENTENCING THAT WILL NOT ADEQUATELY ACHIEVE THE GOALS OF REDUCING SENTENCING DISPARITY AND UNCERTAINTY. HOWEVER, WITH AMENDMENTS WHICH COMBINE THE BEST FEATURES OF THE PAROLE COMMISSION ACT AND SENATE BILL 1437, A WORKABLE SYSTEM COULD BE DEVELOPED TO AVOID THE RISKS PRESENT IN THE UNREVISED BILL. JUDGES ARE PRESENTLY FREE TO IMPOSE, WITHIN THE STATUTORY LIMIT, WHATEVER SENTENCES ARE DEEMED APPROPRIATE. VALID EXERCISE OF JUDICIAL DISCRETION IS NOT REVIEWABLE. FOR PRISONERS ELIGIBLE FOR PAROLE, THE U.S. PAROLE COMMISSION HAS THE AUTHORITY TO DETERMINE THE ACTUAL LENGTH OF IMPRISONMENT WITHIN THE LIMITS OF THE JUDICIALLY IMPOSED SENTENCES. THE PROPOSED BILL EFFECTIVELY ELIMINATES THE PARTICIPATION OF THE COMMISSION. THIS CHANGE, HOWEVER, WILL PROBABLY NOT SUCCEED IN CREATING CONSISTENCY IN SENTENCING BECAUSE IT WILL COMPEL THE 500 FEDERAL JUDGES TO MAKE INDEPENDENT INTERPRETATIONS OF SENTENCING GUIDELINES. JUDGES HAVE NO INHERENT TENDENCY TOWARD UNIFORM DECISIONS, EVEN WHEN FACED WITH IDENTICAL FACTS, AND THE BILL LACKS ADEQUATE APPELLATE PROVISIONS TO CORRECT THE DISPARITIES. ARGUMENTS FOR THE RETENTION OF THE PAROLE REVIEW FUNCTION INCLUDE THE NEED TO OVERSEE FEDERAL JUDGES WHO MAY BE SUBJECT TO LOCAL PRESSURES AND THE NEED FOR FLEXIBILITY TO RESPOND TO CHANGING ATTITUDES TOWARD CERTAIN CRIMES. THE ENACTMENT OF SENATE BILL 1437 WOULD LEAD TO LONGER PRISON SENTENCES AND TO OVERCROWDING OF PRISONS. AN ALTERNATIVE BILL IS OFFERED WHICH RETAINS THE USE OF THE PAROLE COMMISSION. REFERENCES ARE PROVIDED.