NCJ Number
54103
Date Published
1978
Length
39 pages
Annotation
AN EXAMINATION OF INDETERMINATE SENTENCING AND ITS ALTERNATIVES IS PRESENTED IN A BRIEF PREPARED BY LEGISLATIVE COUNCIL STAFF FOR A SPECIAL COMMITTEE ON DETERMINATE SENTENCING OF THE WISCONSIN LEGISLATURE.
Abstract
WISCONSIN'S EXISTING SYSTEM OF INDETERMINATE SENTENCING IS OUTLINED, AND BILLS INTRODUCED IN THE 1977 LEGISLATIVE SESSION PERTAINING TO SENTENCING POLICY ARE REVIEWED. DETERMINATE SENTENCING STATUTES IN MAINE, CALIFORNIA, INDIANA, AND ILLINOIS ARE EXAMINED, AND ARGUMENTS FOR AND AGAINST INDETERMINATE SENTENCING ARE OUTLINED. THE REPORT NOTES THAT WISCONSIN'S EXISTING SYSTEM GIVES THE PAROLE BOARD CONSIDERABLE DISCRETION IN DECIDING HOW LONG AN INMATE REMAINS IN PRISON. SEVERAL BILLS HAVE BEEN INTRODUCED IN THE WISCONSIN LEGISLATURE TO IMPOSE MANDATORY MINIMUM SENTENCES FOR SPECIFIC CRIMES OR OTHERWISE TO INCREASE THE AMOUNT OF TIME THAT MUST BE SERVED PRIOR TO BECOMING ELIGIBLE FOR PAROLE, BUT NONE OF THE BILLS HAS BEEN ENACTED. DETERMINATE SENTENCING STATUTES IN OTHER STATES ALL REDUCE OR ELIMINATE PAROLE BOARD DISCRETION. MAINE, ILLINOIS, AND INDIANA GIVE THE COURTS A GREAT DEAL OF DISCRETION IN SETTING SENTENCES, WHILE CALIFORNIA LIMITS THE RANGE OF SENTENCING ALTERNATIVES AVAILABLE TO THE COURTS. THE MAIN ARGUMENTS FOR INDETERMINATE SENTENCING ARE THAT IT GRANTS JUDGES NEEDED FLEXIBILITY, PROVIDES INCENTIVES FOR INMATES TO REHABILITATE THEMSELVES, AND ALLOWS THE CRIMINAL JUSTICE SYSTEM TO ACCOMMODATE THE PUBLIC'S CHANGING VIEWS OF CRIME. ARGUMENTS IN FAVOR OF DETERMINATE SENTENCING ARE THAT IT ALLOWS SENTENCE LENGTH TO BE DETERMINED BY OFFICIALS WHO ARE ACCOUNTABLE TO THE PUBLIC, ELIMINATES SENTENCING DISPARITY, AND REDUCES THE SENSE OF UNCERTAINTY THAT BREEDS FRUSTRATION AND VIOLENCE AMONG INMATES. APPENDED MATERIALS INCLUDE A PAMPHLET EXPLAINING FLAT-TIME SENTENCING AND ARTICLES ARGUING FOR AND AGAINST INDETERMINATE SENTENCING. A BIBLIOGRAPHY IS INCLUDED.