NCJ Number
36171
Journal
Chicago-Kent Law Review Volume: 52 Issue: 3 Dated: (1976) Pages: 621-662
Date Published
1976
Length
43 pages
Annotation
THIS ARTICLE EXAMINES THE JUSTICE MODEL BILLS (1975 LEGISLATIVE PROPOSALS TO ESTABLISH DETERMINATE SENTENCING AND SENTENCE EQUALIZATION) AND DISCUSSES THE CHANGES THEY WILL INTRODUCE IN THE STATE CRIMINAL JUSTICE SYSTEM.
Abstract
THE CRITICISMS WHICH HAVE OVERTAKEN THE EXISTING SYSTEM OF INDETERMINATE SENTENCING ARE FIRST SUMMARIZED, THE EMPHASIS BEING THE PRISON TERM DISPARITY CAUSED BY WIDESPREAD USE OF OFFICIAL DISCRETION. A REVIEW OF SEVERAL MAJOR ISSUES WHICH THE JUSTICE MODEL BILLS RAISE IN REGARD TO PRESENT SENTENCING AND CORRECTIONS STRUCTURE FOLLOWS. CONSIDERED ARE THE INTRODUCTION OF SENTENCING CRITERIA, FLAT TIME PRISON TERMS, AND APPELLATE REVIEW OF SENTENCES. ALSO DISCUSSED ARE THE ABOLITION OF PAROLE, THE IMPACT OF DETERMINATE SENTENCES ON SIZE OF PRISON POPULATION, AND THE INTERRELATED ISSUES OF GOOD TIME, DISCIPLINE, AND GRIEVANCE PROCEDURES. IN ADDITION, THE EFFECT OF DETERMINATE SENTENCES ON PROGRAMS AND THE DE-EMPHASIS ON REHABILITATION IS EXAMINED. A FINAL SECTION SUMMARIZES THE CRITIQUE OF THE JUSTICE MODEL BILLS AND PRESENTS SOME SUGGESTED ALTERNATIVES TO JUSTICE MODEL PROPOSALS WHICH THE AUTHORS CONSIDER CRITICAL FOR IMPROVEMENT OVER EXISTING STRUCTURE. (AUTHOR ABSTRACT)