NCJ Number
61428
Date Published
1979
Length
72 pages
Annotation
THE IMPLEMENTAION OF MAINE'S NEW CRIMINAL CODE (1976) IS OBSERVED AND ANALYZED. PRIMARY ATTENTION IS ON THE CODE'S IMPACT ON DAY-TO-DAY OPERATIONS OF THE STATE'S COURTS AND CORRECTIONAL SYSTEM.
Abstract
TWO SETS OF DATA WERE COLLECTED, ONE CONCERNING CONDITIONS BEFORE IMPLEMENTATION OF THE CODE AND ONE REGARDING CONDITIONS AFTER THE CODE WENT INTO EFFECT. DATA WERE COLLECTED FOR THE FIFTH AND THIRD YEARS BEFORE THE CODE AND COMPARED BY OFFENSE CLASS TO POSTCODE DATA. DATA ANALYSIS REVEALED THAT USE OF INCARCERATION HAS BECOME LESS FREQUENT; THE LENGTH OF INCARCERATION HAS BECOME SHORTER FOR CLASS B AND C OFFENDERS, BUT LONGER FOR CLASS A OFFENDERS; AND CRIMINAL PUNISHMENTS HAVE BECOME GENERALLY LESS SEVERE IN MAINE SINCE THE ENACTMENT OF THE NEW CRIMINAL CODE. BY SHIFTING SENTENCING AUTHORITY INTO THE EXCLUSIVE CONTROL OF THE JUDGES, THE NEW CODE HAS PRECIPITATED A SIGNIFICANT CHANGE IN THE SEVERITY OF PUNISHMENTS. DATA ALSO INDICATE THAT THE TOTAL VARIANCE AMONG SENTENCES HAS INCREASED UNDER THE NEW CODE AND THAT THIS VARIATION IS NOT EXPLAINED BY SUCH RELEVANT VARIABLES AS OFFENSE SEVERITY, NUMBER OF OFFENSES, PRIOR INCARCERATION, OR AGE. DIFFERENCES IN THE SENTENCING BEHAVIOR OF JUDGES APPEAR TO ACCOUNT FOR MUCH OF THE VARIANCE. MAINE IS THE ONLY AMERICAN JURISDICTION IN WHICH INDIVIDUAL JUDGES HAVE NEAR TOTAL CONTROL OVER THE TIME AN OFFENDER WILL SERVE. IF THE UTILIZATION OF PROBATION REMAINS COMMON AND SHORT SENTENCES CONTINUE TO BE THE MODE OVER THE NEXT FEW YEARS (1978-83), THEN MAINE WILL HAVE DEMONSTRATED THAT THE SEVERITY OF CRIMINAL SENTENCES CAN BE REDUCED BY A SYSTEM OF UNDIVIDED SENTENCING AUTHORITY. TABULAR DATA AND FOOTNOTES ARE PROVIDED ALONG WITH APPENDIXES ON THE COURT COLLECTION INSTRUMENT AND THE CORRECTIONAL DATA COLLECTION INSTRUMENT.