NCJ Number
56720
Date Published
1977
Length
6 pages
Annotation
TRENDS IN SENTENCING THROUGHOUT THE UNITED STATES AND SPECIFICALLY IN NEW MEXICO ARE DISCUSSED, AND AN APPROACH TO SENTENCING FROM A JUDGE'S PERSPECTIVE IS PROPOSED.
Abstract
GENERALLY, THE PUBLIC IS PRESSURING COURTS TO IMPOSE HARSHER SENTENCES INVOLVING LONGER PERIODS OF INCARCERATION. THIS IS BASED PRIMARILY IN AN IRRATIONAL FEAR OF VICTIMIZATION, ALONG WITH A FRUSTRATION THAT SEEKS SIMPLE ANSWERS TO COMPLEX PROBLEMS FOR WHICH THERE ARE NO READILY AVAILABLE ANSWERS. IF LEGISLATURES AND THE JUDICIARY SUCCUMB TO THIS PRESSURE, MATTERS CAN ONLY GET WORSE. INCREASED IMPRISONMENT IS EXTREMELY COSTLY, BOTH FINANCIALLY AND SOCIALLY. BUILDING AND CUSTODIAL COSTS WILL PLACE A HEAVY BURDEN ON THE TAXPAYER, AND THE PREPONDERANCE OF EVIDENCE POINTS TOWARD IMPRISONMENT INCREASING THE PROBABILITY OF RECIDIVISM UPON RELEASE. IT IS PREDICTED THAT A NEW DETERMINATE SENTENCING ACT PASSED IN NEW MEXICO COULD INCREASE THE PRISON POPULATION, DEPENDING ON HOW JUDGES USE IT, AND PLANS ARE UNDER WAY TO BUILD A NEW MINIMUM SECURITY PRISON. IN 1972, THE PENAL POPULATION IN NEW MEXICO WAS 263, AND IN MAY 1977 IT WAS 1,444, EXCLUDING JUVENILES. THIS TREND CAN ONLY AGGRAVATE THE PROBLEMS OF CRIME AND CORRECTIONS IN THE STATE. JUDGES SHOULD OPT FOR PROBATION IF THERE IS SOME CHANCE THAT IT MIGHT WORK. IF A PRISON SENTENCE IS BELIEVED BEST FOR ACCOMPLISHING PUNISHMENT, PUBLIC PROTECTION, AND REHABILITATION, THEN THE SHORTEST SENTENCE POSSIBLE SHOULD BE IMPOSED, BECAUSE EVIDENCE INDICATES THAT LONG SENTENCES REDUCE THE PROBABILITY OF ADJUSTMENT TO SOCIETY UPON RELEASE. WHERE IMPRISONMENT DOES OCCUR, THEN WORK RELEASE AND EDUCATIONAL PROGRAMS SHOULD BE PRIMARY IN PREPARING OFFENDERS TO RETURN TO SOCIETY.