NCJ Number
93710
Journal
Judicature Volume: 67 Issue: 7 Dated: (February 1984) Pages: 318-325
Date Published
1984
Length
8 pages
Annotation
While many judges apparently are altering their sentencing practices in response to inmate population increases, no consensus exists among the judiciary as to its responsibility for resolving the prison crowding problem.
Abstract
Although the trend has been toward increased judicial intervention in deciding whether a particular institution is so crowded that inmates' constitutional rights are violated, recent Supreme Court decisions leave unclear the extent to which this involvement will continue. Furthermore, judges have not been consistent in the criteria they have applied for ruling that crowded conditions should or should not be found unconstitutional. Within the judiciary, judges do not agree on whether they have a responsibility in regard to prison crowding. While 15 of 31 judges reported that their States' judiciaries have altered their sentencing practices in response to inmate population increases, judges in several States reported that harsher, rather than more lenient, sentences are being imposed. Furthermore, many judges do not believe that they should change their sentencing practices to accommodate crowded prison conditions, and they frequently feel that they are supported by public opinon and elected officials in this position. A table and 18 footnotes are provided.