NCJ Number
100094
Journal
Hawaii Bar Journal Volume: 29 Issue: 1 Dated: (1985) Pages: 3-20
Date Published
1985
Length
18 pages
Annotation
The sentencing proposals of the Hawaiian Judical Council Committee on Penal Code Revision and Reform, based on a justice model emphasizing punishment and proportionality, are reviewed.
Abstract
The proposals include general sentencing provisions, creation of four classes of felonies, statutes relating to probation sentences and conditions, specifications for fines, and a section on imprisonment matters. After the judge renders an in/out decision on offenders, the court imposes a maximum potential prison term for those to be incarcerated. Once imprisoned, the offender receives a minimum term that fixes the parole eligibility date. This process governs the availability and actual length of prison terms, and, thus, determines the prison population. The committee generated statistical data to test its proposals and compared projected results with the current situation. The probable impact of the maximum and minimum determination formulations should be increased incarceration rates, but decreased lengths of prison terms, with reductions graduated in inverse proportion to the gravity of the offense. Under this scheme, then, sentences will be shorter but more predictable, and more punishment would be provided at no greater cost, thus, increasing the efficiency of the criminal justice system. 133 footnotes.