NCJ Number
40577
Date Published
1976
Length
0 pages
Annotation
THIS 1976 STAFF REPORT STUDIES THE FEASIBILITY OF ENACTING LEGISLATION IN ARKANSAS TO PRESCRIBE SPECIFIC PENALTIES FOR CERTAIN OFFENSES RATHER THAN THE MAXIMUM-MINIMUM PENALTIES NOW PRESCRIBED.
Abstract
THE REPORT NOTES THAT ALL STATES HAVE SOME FORM OF INDEFINITE SENTENCING AND THAT SUCH SENTENCING SYSTEMS HAVE BEEN RECENTLY CRITICIZED. THE PRIMARY CRITICISM OF INDETERMINATE SENTENCING IS THAT THERE ARE GREAT DISPARITIES IN SENTENCING TREATMENT. FOR EXAMPLE, IN THE SAME LOCALITY, SENTENCING POLICIES WILL VARY FROM JUDGE TO JUDGE, EVEN WHEN THE CRIME IS THE SAME AND THE OFFENDERS ARE SIMILAR. CRITICS ALSO POINT OUT THAT INMATES WHO RECEIVE LONGER SENTENCES MAY LEAVE CORRECTIONAL INSTITUTIONS WITH EMBITTERED FEELINGS, THAT CRIMINALS ARE RELEASED WITHOUT BEING FULLY REHABILITATED, AND THAT PAROLE BOARD ACTIONS ARE BASED ON FRAGMENTARY, SUPERFICIAL INFORMATION ABOUT AN OFFENDER AND MAY RESULT IN UNINFORMED AND EVEN APPARENTLY ARBITRARY DECISIONS. THE REPORT REVIEWS BOTH EXISTING ARKANSAS SENTENCING LAW AND THE PROPOSALS FOR DETERMINATE, FLAT-TIME SENTENCES IN CALIFORNIA, MINNESOTA, AND ILLINOIS. IT CONCLUDES THAT ARKANSAS LAW CAN BE AMENDED TO REPLACE MINIMUM-MAXIMUM SENTENCES WITH SPECIFIC, FLAT-TIME SENTENCES IN ONE OF TWO WAYS; BY GOING THROUGH THE STATUTES AND ASSIGNING A CERTAIN PENALTY TO EACH CRIME OR BY ESTABLISHING A SPECIFIC SENTENCE FOR EACH CLASS OF FELONY AND MISDEMEANOR. BECAUSE THERE ARE MANY CRIMES UNDER ARKANSAS STATUTES THAT ARE NOT CODIFIED IN THE CRIMINAL CODE, SENTENCES WOULD HAVE TO BE PRESCRIBED FOR EACH OF THEM INDIVIDUALLY. THE REPORT ALSO NOTES THAT THE ILLINOIS, MINNESOTA, AND CALIFORNIA PROPOSALS ELIMINATE PAROLE BUT RETAIN TIME OFF FOR BEHAVIOR OR 'GOOD TIME.' THE SENTENCES IMPOSED UNDER THE DEFINITE SENTENCING SCHEMES ARE CONSIDERABLY SHORTER THAN CURRENT MAXIMUM SENTENCES, AND LESS EMPHASIS IS PLACED ON GAUGING REHABILITATION POTENTIAL FOR EACH PRISONER. ALL PROPOSALS PROVIDE REHABILITATIVE OPPORTUNITIES BUT DO NOT SHORTEN SENTENCES WITH PAROLE ON THE BASIS OF AN INMATE'S PARTICIPATION IN PRISON ACADEMIC AND CIVIC ACTIVITIES. CHARTS ARE INCLUDED. TWO APPENDIXES CONTAIN EXCERPTED PORTIONS OF THE MINNESOTA BILL, THE ILLINOIS BILL, AND A BREAKDOWN OF THE GENERAL SENTENCING OPTIONS AVAILABLE TO LAWMAKERS.