NCJ Number
55581
Journal
Judicature Volume: 62 Issue: 8 Dated: (MARCH 1979) Pages: 381-389
Date Published
1979
Length
9 pages
Annotation
THE STATUTORY DETERMINATE SENTENCING STRUCTURE OF INDIANA IS CRITICIZED.
Abstract
AFTER AN EXAMINATION OF THE INDIANA LEGISLATION WHICH PROVIDES FOR DETERMINATE SENTENCING, THE FOLLOWING CONCERNS ARE EXPRESSED: (1) WELL-TRAINED TREATMENT STAFFS AND QUALITY TREATMENT PROGRAMS MAY BE JEOPARDIZED BY THE INTELLECTUAL PURITY OF A SENTENCING CODE WHICH DECLARES THAT REHABILITATION IS DEAD AND THAT THE PURPOSE OF SENTENCING IS TO PUNISH; (2) SENTENCING LEGISLATION THAT PURPORTS TO CREATE SENTENCING EQUALITY WILL POSSIBLY LEAD TO MORE LENGTHY SENTENCES; (3) DISCRETIONARY RELEASE ON CREDIT TIME BY PRISON DISCIPLINE COMMITTEES IS AT LEAST AS BAD, IF NOT WORSE, THAN RELEASE BY PAROLE BOARDS; (4) THE STRUCTURE OF THE NEW SENTENCING CODES, THE PROVISIONS FOR CONSECUTIVE SENTENCES AND LONG RECIDIVIST SENTENCES, AND THE DISCRETION GIVEN PROSECUTORS TO THREATEN INVOCATION OF THOSE PROVISIONS RAISE GRAVE RISKS THAT UNCONTROLLED JUDICIAL SENTENCING DISCRETION WILL BE REPLACED BY UNCONTROLLED PROSECUTORIAL PLEA BARGAINED SENTENCING; AND (5) THESE NEW SENTENCING CODES MAY WELL LEAD TO SUBSTANTIAL INCREASES IN THE PRISON POPULATION. DESPITE REHABILITATION'S CONSIDERABLE SHORTCOMINGS, IT IS A MISTAKE TO LEGISLATE IT OUT OF EXISTENCE AND, IN ITS PLACE, SUBSTITUTE A DRACONIAN SYSTEM OF SENTENCING WHICH WILL SUBSTANTIALLY INCREASE TIME SERVED IN PRISONS. AMERICAN PRISON SENTENCES ALREADY EXCEED THOSE OF MOST OTHER WESTERN NATIONS, AND TO EMBARK UPON REFORMS WHICH FURTHER INCREASE OUR PRISON POPULATIONS CAN ONLY EXPAND AN ALREADY HEAVY TAX BURDEN ON CITIZENS WHILE RETURNING US TO THE DAYS OF PUNITIVE CORRECTION. (AUTHOR ABSTRACT MODIFIED)