NCJ Number
75415
Journal
CONGRESSIONAL DIGEST Volume: 55 Issue: 8-9 Dated: (August-September, 1976) Pages: 193-224
Date Published
1976
Length
32 pages
Annotation
Arguments for and against the expanded use of mandatory prison sentences as a means of reducing crime, follow discussion of the structure of the State and Federal court systems and a review of laws relating to mandatory sentencing.
Abstract
In the 94th Congress, much of the debate over pending omnibus legislation to recodify and revise Federal criminal laws arose over questions of sentencing policy. In previous years, a number of States had adopted criminal statutes imposing or expanding mandatory prison sentences for certain offenses, most commonly those involving violence or the threat of violence. The soundness of the basic rationale behind such sentences is the major subject of these papers. Background papers review the operation of the U.S. criminal justice system, representative State laws in effect as of August 1976, and action up to this time in the 94th Congress. The arguments of Senators and Representatives favoring the expanded use of mandatory prison sentences are contrasted with the opposing attitudes of representatives from the American Bar Association, the National Council on Crime and Delinquency, the American Civil Liberties Union, and others. Proponents call for mandatory sentences to prevent individuals convicted of violent crimes from avoiding imprisonment, whereas those opposed indicate that the legislature cannot identify individuals at risk. A reference list is not provided.