NCJ Number
92655
Date Published
1983
Length
124 pages
Annotation
This book analyzes the impact of Indiana's legislative sentencing reforms which replaced an indeterminate model with a determinate one on the practices and attitudes of judges and prosecutors in a 12-county sample.
Abstract
First explored are rationales for the abolition of the indeterminate sentence, with attention to claims that treatment is ineffective. The book then traces Indiana's efforts to update civil, criminal, and juvenile laws which culminated in the new code enacted in 1977. This study used a systematic, stratified sample of 12 counties, collecting precode data on 1,013 cases filed as felonies in 1976 and resulting in convictions prior to data collection and 566 postcode cases which included all felonies filed between October 1977 and September 1978 resulting in convictions prior to coding. No dramatic shifts occurred in the nature of sentencing patterns over the study period, although the range of incarcerative penalties given was increased. The new code appears to have redistributed penalties to increase terms for the more serious offender. Judges are using their newly received increased sentence discretion by sentencing away from the presumptive term more often than not. Analysis of sentencing patterns by county and urban/rural areas supports the notion of differential jurisdictional sentencing effects. While overall practices under the new code did not appear greatly altered, this stability masks strong changes which occurred in at least one jurisdiction. A majority of the 29 Indiana judges and 10 prosecutors interviewed perceived the code as a positive reform. Tables, 21 footnotes, and over 60 references are supplied.