PROBLEMS WITH ABOLISHING PAROLE RELEASE - THE NEW YORK CASE

• NCJ Number: 60921
• Journal: Criminal Law Bulletin Volume: 15 Issue: 5 Dated: (SEPTEMBER/OCTOBER 1979) Pages: 416-435
• Author(s): A VONHIRSCH; J S ALBANESE
• Date Published: 1979
• Length: 20 pages
• Corporate Author: Warren, Gorham and Lamont, Inc
• Sale Source: UMI Dissertation Services
• Language: English
• Country: United States of America

Annotation

RISKS IN ELIMINATING PAROLE RELEASE AS A SENTENCING OPTION ARE EXAMINED IN LIGHT OF A REPORT ISSUED BY THE NEW YORK ADVISORY COMMITTEE RECOMMENDING A DRASTIC RESTRUCTURING OF THE STATE'S SENTENCING SYSTEM.

Abstract

THE REPORT PROPOSES THAT SENTENCING SHOULD BECOME MORE DETERMINATE, A SENTENCING COMMISSION SHOULD BE CREATED TO WRITE GUIDELINES FOR JUDGES TO FOLLOW, OFFENDERS SHOULD SERVE THEIR FULL SENTENCE OF IMPRISONMENT (LESS A MODEST FRACTION OFF FOR GOOD BEHAVIOR), AND PAROLE RELEASE (PRIOR TO THE EXPIRATION OF SENTENCE) SHOULD BE ELIMINATED. ALTHOUGH ADOPTING GUIDELINES TO STRUCTURE JUDICIAL SENTENCING DISCRETION IS A WORTHWHILE AIM, MEANS BY WHICH THE REPORT PROPOSES TO ACHIEVE THIS AIM ARE CRITICIZED. WHAT GUIDELINES ARE DESIGNED TO DO, IN THE WAY OF ALLEVIATING DISPARITY, INVOLVES THE REDUCTION OF UNEXPLAINED DEVIATION IN SENTENCING. IF GUIDELINES PRESCRIBE A GIVEN RANGE OF PENALTIES FOR CERTAIN CRIMINAL CONDUCT, DECISIONMAKERS MUST EITHER STAY WITHIN THE RANGE OR EXPLAIN WHY THEY GO OUTSIDE THAT RANGE. THE PURPOSE OF GUIDELINES, THEREFORE, IS TO REGULATE RATHER THAN ELIMINATE DISCRETION. THE NEW YORK PAROLE BOARD HAS DEVELOPED GUIDELINES TO GOVERN ITS RELEASE DECISIONS. RULES OF THE BOARD PRESCRIBE A RANGE OF MONTHS FOR DIFFERENT CATEGORIES OF OFFENDERS, BASED ON TWO MAJOR FACTORS: (1) SERIOUSNESS OF THE OFFENDER'S CURRENT OFFENSE; AND (2) EXTENSIVENESS OF THE OFFENDER'S PRIOR CRIMINAL RECORD. THE PAROLE BOARD HAS ALSO ADOPTED THE PRACTICE OF NOTIFYING OFFENDERS EARLY OF THEIR PROBABLE RELEASE DATE. THE ADVISORY COMMITTEE ARGUES THAT THE PAROLE BOARD'S RELEASE GUIDELINES CAN BE ELIMINATED BECAUSE THE BOARD'S REGULATORY FUNCTIONS CAN BE TRANSFERRED TO ANOTHER BODY. SOME OF THE RISKS IN ELIMINATING PAROLE RELEASE INCLUDE REDUCED ABILITY TO ENFORCE DURATIONAL GUIDELINES AND CREATION OF THE APPEARANCE OF LENIENCY WHEN SENTENCES BECOME NONPAROLABLE PENALTIES. SUPPORT IS INDICATED, HOWEVER, FOR THE ELIMINATION OF MANDATORY SENTENCES. CASE LAW IS CITED.