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Felony Sentencing in North Carolina, 1976-1986: Effects of Presumptive Sentencing Legislation

NCJ Number
108796
Author(s)
S H Clarke
Date Published
1987
Length
69 pages
Annotation
The effects of the North Carolina Fair sentencing Act were examined by comparing felony sentences imposed in the 5 years before enactment (1976-1981) with those imposed in the first 5 years following enactment (1981-1986).
Abstract
Results indicate that felony active-sentence lengths became shorter, varied less, and became more statistically predictable as a result of presumptive-term provisions. The effects appeared to weaked with time, with both mean sentence lengths and variation in lengths moving back to their pre-enactment levels by 1985-1986. Actual time served for sentences up to 4 years long also became shorter, varied less, and were more predictable under the Act, probably because the Act replaced parole with a system of good-time and gain-time deductions at rates fixed by statute. The Act, which does not regulate the judge's decision to impose probation or active sentence, had no lasting effect on the probation/prison decision. It also had no effect on male-female sentencing disparities, but may have had some effect on black-white disparities where these existed. Finally, the Act reduced or eliminated time-served differences between blacks and whites. 4 tables, 24 figures, and 94 notes and references.