NCJ Number
78943
Journal
Journal of Research in Crime and Delinquency Volume: 18 Issue: 2 Dated: (July 1981) Pages: 200-231
Date Published
1981
Length
32 pages
Annotation
Data on 3,568 cases sentenced under the determinate sentencing law which took effect in California on July 1, 1977, were examined to determine the effects of the law during its first year of implementation.
Abstract
The law was initially a compromise between the interests of law enforcement and those of civil liberties' and prisoners' rights groups, but amendments favorable to law enforcement soon increased penalties under the law. Findings showed that total imprisonment has increased substantially under the new law mainly because of an increasing commitment rate. Most offenders committed to prison received the middle base term, with more of the remaining cases receiving the upper term than the lower term. The upper base term was used more often for multiple-count cases than for single-count cases. The standard enhancements of sentences were used more often in robbery cases than in all other cases combined, although possible enhancements were frequently not applied. Adjusting for the good-time provision in the new system, results show that prison terms for men will be shorter and women's terms will be longer than under the former system. Sentencing disparity appears to have been reduced. The law may be vulnerable to further efforts to increase penalties, and it is unclear whether the new system provides any logical limit to increasing sentences, commitments, and prison populations. Tables, one figure, footnotes, and 47 references are provided. (Author abstract modified)