NCJ Number
88234
Journal
Loyola University Law Journal Volume: 13 Issue: 4 Dated: (Summer 1982) Pages: 917-933
Date Published
1982
Length
17 pages
Annotation
A discussion of significant current developments in corrections focuses on correctional policymaking, institutions, community supervision, sentencing, and parole decisionmaking and emphasizes their significance for lawyers.
Abstract
The major developments in corrections in recent years include the absence of a comprehensive policy, overcrowding in correctional institutions, cutbacks in resources, instability in institutions due to these factors as well as changes in the composition of the inmate population, and emphasis on procedural due process rather than on substantive issues. Community supervision is also changing as a result of increasing caseloads, the increasing use of community service orders, and the increased emphasis on supervision of offenders. A significant development in the area of parole and sentence determination is the growing use of determinate sentences as well as those between determinate and indeterminate. The Federal system retains the indeterminate theory while containing some elements of the determinate system. To be effective during the sentencing process, lawyers need to know as much as possible about the correctional process and its effect on the offender. Lawyers should know the human and legal consequences of conviction and sentencing. They must also know how the correctional system operates, especially the importance of the presentence report in correctional and parole decisionmaking. In addition, both defense lawyers and prosecutors need to know their proper role at sentencing. Lawyers should be active at the sentencing stage because of its profound impact on the client. Finally, lawyers must know how to use their knowledge at the sentencing hearing. They need the ability to care, the ability to work hard, resourcefulness, and judgment. Footnotes are provided.