NCJ Number
141590
Journal
Criminal Justice Policy Review Volume: 5 Issue: 3 Dated: (September 1991) Pages: 207-224
Date Published
1991
Length
18 pages
Annotation
Although determinate sentencing and sentencing guidelines have resulted in prison population increases in several States, the results of introducing sentencing guidelines in Minnesota showed greater sentence uniformity and no significant increase in the number of prison inmates.
Abstract
There was strong support for determinate sentencing in Minnesota by 1976, and a Sentencing Guidelines Commission was created in 1978. The sentencing approach ultimately adopted by this Commission significantly altered the criteria for determining which offenders should be sent to prison and what the duration of prison terms should be. The current sentencing policy emphasizes offense seriousness as the primary determinant of imprisonment, whereas past sentencing focused on the offender's criminal history. Minnesota's sentencing guidelines are presumptive because they are backed by law; they are prescriptive in that the legislature directed the Sentencing Guidelines Commission to consider prior sentencing practices but not be bound by the past. The guidelines also reflect proportionality, with more severe sanctions imposed for more serious personal offenses. A correctional officer survey indicates support for the sentencing guidelines. Most officers agree that prison sentences appear to be based on offender convictions and prior records rather than on extralegal factors such as offender characteristics. Public and political pressure led the 1989 Minnesota legislature to increase sentences for drug offenses, sexual assault, and homicide. Initial results of this change revealed dramatic increases in drug offender admissions. Total admissions exceeded projected growth, and correctional officers expressed concern about prison overcrowding, prison gangs, and security problems. 18 references, 2 notes, 5 tables, and 1 figure