NCJ Number
95928
Journal
New England Journal on Criminal and Civil Confinement Volume: 10 Issue: 2 Dated: (Summer 1984) Pages: 253-300
Date Published
1984
Length
48 pages
Annotation
California's Determinate Sentencing Law (DSL) is described. Questions about how well the law is written and to what extent it prescribes sanctions that are fair and appropriate are addressed.
Abstract
The law's two-sentence declaration of policy is examined and praised for its clarity. The decisionmaking framework of DSL is described, and choice of rulemaker is explored. The problems of relying on legislative rulemaking, as California has done, are considered, and the failure of DSL to regulate judges' 'in-out' decisions and to take correctional resources into account is addressed. The DSL's main feature is its standards on duration of prison terms; the six main penalty groupings provided for are examined. The absence of offense-serious ratings is noted, and the broadness of the offense categories is criticized. The purpose of aggravating/mitigating factors in sentencing is analyzed, and California's aggravation/mitigation scheme is addressed. Two features are conspicuously missing: first, there is no statement that this is an exhaustive list; and second, there is no statement of how strong the presumption is in favor of the middle term. Also considered are the amount of variation when aggravation or mitigation has been found, the rank ordering of penalties, prior criminal record, and good-time credits. The application of DSL is described, and needed reforms in DSL are identified. Because of the deficiencies in DSL, it should not be emulated. Six tables and 234 references are included.