NCJ Number
64527
Date Published
1980
Length
13 pages
Annotation
ALTHOUGH INDIANA'S NEW SENTENCING CODE AIMS AT PUNISHMENTS THAT ARE PREDICTABLE AND COMMENSURATE WITH A CRIME'S GRAVITY, THE CODE'S PARTICULARS MAKE IT QUESTIONABLE THAT THESE GOALS ARE BEING MET.
Abstract
ENHANCING PREDICTABILITY OF A PUNISHMENT REQUIRES STANDARDS IN SETTING PUNISHMENT AND INFORMING OFFENDERS OF THEIR PRISON STAY. EARLIER SENTENCING PRACTICES STRESSING REHABILITATION REQUIRED AN OFFENDER TO REMAIN IMPRISONED UNTIL OFFICIALS PRONOUNCED HIM 'CURED'; HOWEVER, THIS HAS BEEN REJECTED AS UNFAIR BY INDIANA. NEVERTHELESS, ALTHOUGH THE NEW INDIANA CODE SETS SENTENCES FOR ALL TYPES OF FELONIES, STIPULATIONS ABOUT MITIGATING OR AGGRAVATING CIRCUMSTANCES GIVE JUDGES AND CORRECTIONAL OFFICIALS GREAT DISCRETION. FOR EXAMPLE, SENTENCES FOR ARMED ROBBERY MAY VARY FROM 6 TO 20 YEARS, OR RAPE WITH A WEAPON, FROM 20 TO 50 YEARS. MOREOVER, UNDER THE NEW LAW AN OFFENDER IS CREDITED 50 PERCENT OF HIS SENTENCE FOR GOOD BEHAVIOR, A RIGHT WHICH HE LOSES IF HE VIOLATES ANY REGULATION OF THE CORRECTIONS DEPARTMENT. THUS, A PRISONER CANNOT BE CERTAIN OF HIS PRISON TERM REGARDLESS OF HIS SENTENCE. PENALTY SEVERITY HAS GREATLY INCREASED FOR MOST CRIMES, AND THE JUSTICE OF THIS IS QUESTIONED. ALSO, AS SENTENCES TEND TO BE BYPASSED OR PLEA-BARGAINED AS THEY BECOME MORE SEVERE, THE PRACTICALITY OF THESE SEVERE SENTENCES IS QUESTIONED. IT IS RECOMMENDED THAT INDIANA INVEST OFFENDERS WITH CREDIT TIME TO MAKE SENTENCES LENGTH MORE CERTAIN, AND REDUCE SENTENCE LENGTHS. NOTES AND TABLES ARE INCLUDED.