NCJ Number
97021
Journal
New York University Review of Law and Social Change Volume: 12 Issue: 1 Dated: (1983-1984) Pages: 85-207
Date Published
1984
Length
118 pages
Annotation
Three papers suggest sentencing reforms to alleviate prison overcrowding, and responses to and discussions of each of the papers are included.
Abstract
The first paper defines desert theory and explores the relationship between the use of a desert model and prison overcrowding. Ways that a desert model could reduce prison populations are explored, and the use of a desert model is found to be preferable to the use of selective incapacitation. Responses to the paper suggest that the desert model may not be useful in reducing prison populations, that a means for 'hardening' the excessively soft concept of prison capacity must be found, that building more prisons may result in more prisoners, and that there should not be a national approach to incarceration. The second paper discusses the development of alternatives to incarceration and argues that a new generation of alternatives is emerging. Some of the dangers associated with recent sentencing reforms are identified, and the use of these strategies is predicted to have little impact on incarceration over the long term. The third paper considers the extent to which alternative sentencing can relieve jail and prison overcrowding. Whether there can be incarceration and incapacitation without jail is also considered. Finally, the need for society to develop enforceable punishments short of jail is identified. Responses to the second and third papers emphasize judges' desires for alternatives to incarceration and discuss ways to create environments for change. Approximately 250 references are included.