NCJ Number
39767
Journal
New England Journal on Prison Law Volume: 3 Issue: 1 Dated: (FALL 1976) Pages: 85-96
Date Published
1976
Length
12 pages
Annotation
THIS ARTICLE REVIEWS THE DEVELOPMENT OF THE INDETERMINATE SENTENCE AND CRITICALLY ANALYZES ARGUMENTS FOR AND AGAINST ITS EFFECTIVENESS IN INMATE REHABILITATION.
Abstract
IT IS SUGGESTED THAT, DESPITE CRITICISMS OF ARBITRARY ADMINISTRATION, THE QUESTIONABLE CONSTITUTIONALITY OF USING SUCH TERMS AS 'MENTALLY ILL' AND 'DANGEROUS' OFFENDER, AND PROBLEMS OF BEHAVIOR PREDICTION, THE INDETERMINATE SENTENCE SHOULD BE EMPLOYED - BUT ONLY UNDER STRICT CONTROL. PROPOSED SAFEGUARDS INCLUDE WRITTEN SENTENCING GUIDELINES WHICH ALLOW FOR APPELLATE REVIEW, STATUTORY DEFINITIONS OF THE TERMS 'DANGEROUS' AND 'MENTALLY ILL', VOLUNTARY PARTICIPATION BY FIRST OFFENDERS, AND ELIMINATION OF A MINIMUM TIME FOR PAROLE ELIGIBILITY. IT IS ALSO SUGGESTED THAT INDETERMINATE COMMITMENT BE ACCOMPANIED BY AN ANALYSIS INDICATING THAT THE PERSON HAS AN IDENTIFIABLE DISORDER AND THAT OFFENDERS BE SENTENCED TO PROGRAMS DEALING WITH THEIR SPECIFIC PROBLEM....ELW