NCJ Number
50671
Date Published
1977
Length
5 pages
Annotation
THE HISTORY OF INDETERMINATE SENTENCING IS PRESENTED, AND CURRENT CRITICISMS OF IT ARE DISCUSSED, WITH ATTENTION TO THE USE OF THE INDETERMINATE SENTENCE IN MARYLAND.
Abstract
IT IS NOTED THAT IN THE 1950'S THE CONCEPT OF THE INDETERMINATE SENTENCE WAS FORMULATED AS AN OUTGROWTH OF THE TREATMENT MODEL FOR OFFENDERS. UNDER THE INDETERMINATE SENTENCE CONCEPT, AN OFFENDER WOULD REMAIN IN THE CUSTODY OF THE STATE UNTIL HIS REHABILITATION WAS COMPLETE, HOWEVER LONG OR SHORT A TIME MIGHT BE REQUIRED. IT IS INDICATED THAT THE PRACTICAL PROBLEMS OF IMPLEMENTING THE INDETERMINATE SENTENCE ARE AT THE ROOT OF CURRENT CRITICISMS OF IT. LACK OF OBJECTIVITY ON THE PART OF TREATMENT PERSONNEL, THE INABILITY TO PREDICT HUMAN BEHAVIOR (ESPECIALLY DANGEROUS BEHAVIOR), AND PROBLEMS IN IMPLEMENTING TREATMENT PROGRAMS ARE DISCUSSED AS THE CHIEF PROBLEMS UNDERMINING THE CONCEPT OF THE INDETERMINATE SENTENCE. PROBLEMS ASSOCIATED WITH THE ESTABLISHMENT OF PATUXENT INSTITUTION IN MARYLAND UNDER THE DEFECTIVE DELINQUENCY OF SEVERE DELINQUENTS FOR TREATMENT PURPOSES, ARE DISCUSSED. THE POLICY STUDY LEADING TO THE 1976 REPEAL OF THE DELINQUENCY STATUTE IS DISCUSSED. THE STUDY CONCLUDED THAT THE EXISTING PROGRAM AT PATUXENT INSTITUTION SHOULD BE SIGNIFICANTLY MODIFIED AND THE STATUTORY PROVISIONS FOR THE INDETERMINATE SENTENCE AND THE CONCEPT OF DEFECTIVE DELINQUENCY REPEALED. WHILE THE ARGUMENTS OPPOSING INDETERMINATE SENTENCING ARE VIEWED BY THE AUTHOR AS VALID, HE CAUTIONS AGAINST ABANDONING THE TREATMENT MODEL OF CORRECTIONS IN FAVOR OF A RETRIBUTIVE MODEL THAT WOULD MATCH PRECISE SENTENCES TO PARTICULAR CRIMES. IT IS BELIEVED THAT THE SUCCESS OF TREATMENT MODELS OF VARIOUS TYPES HAS BEEN SUFFICIENT TO WARRANT THEIR CONTINUED USE WITH REVISIONS BASED ON COMPETENT EVALUATIONS.