NCJ Number
54458
Date Published
1978
Length
7 pages
Annotation
DETERMINATE AND INDETERMINATE SENTENCING ARE JUDGED INEFFECTIVE. THE SYSTEM OF FINES USED IN SWEDEN, THE CORRECTIONAL PLANNING USED IN DENMARK, AND THE COMMUNITY CORRECTIONS ACT OF MINNESOTA PROVIDE ALTERNATIVES.
Abstract
THIS BRIEF STATEMENT BY THE PRESIDENT OF THE NATIONAL COUNCIL ON CRIME AND DELINQUENCY CONDEMNS A PROPOSAL TO CHANGE FROM INDETERMINATE TO DETERMINATE SENTENCES WITH THE ABOLITION OF PAROLE. THE GOAL SHOULD BE TO FIND WAYS OTHER THAN IMPRISONMENT TO PUNISH. THE POOR AND MINORITIES ARE MOST LIKELY TO BE IMPRISONED, AND IMPRISONMENT DOES LITTLE TO CHANGE BEHAVIOR. PRISONS ARE CONSIDERED TO BE CRIMINAL, VIOLENT, EXPENSIVE, LOW COST-BENEFIT ENVIRONMENTS. ALTERNATIVES ARE PROVIDED BY THE FINE SYSTEM OF SWEDEN AND COMMUNITY CORRECTIONS PROGRAMS, SUCH AS ARE BEING IMPLEMENTED IN MINNESOTA. IT IS SUGGESTED THAT SENTENCING GUIDELINES ARE SUBJECT TO THE SAME ABUSES AS PAROLE GUIDELINES AND THAT ONE OF THE MOST SEVERE LOSSES RESULTING FROM THE TREND IN DETERMINATE AND MANDATORY SENTENCING LAWS IS THE TRANSFER OF DISCRETION FROM JUDGES TO PROSECUTORS AND LAW ENFORCEMENT PERSONNEL. PROHIBITIONS AGAINST PROBATION ARE ALSO CONDEMNED AS SETTING COMMUNITY CORRECTIONS BACK AT LEAST FORTY YEARS. NEW YORK STATE IS WARNED AGAINST ASSUMING THAT THE DESIRED CHANGES WILL RESULT FROM CHANGES IN THE LAW. IT IS POINTED OUT THAT WHEN DENMARK CHANGED ITS CORRECTIONAL STATUTES, A COMMISSION WAS SET UP TO MONITOR THE IMPLEMENTATION TO MAKE SURE DESIRED RESULTS WERE ACHIEVED. THIS KIND OF MONITORING IS RECOMMENDED.