NCJ Number
16942
Journal
Federal Probation Volume: 38 Issue: 3 Dated: (SEPTEMBER 1974) Pages: 3-11
Date Published
1974
Length
9 pages
Annotation
A CRITIQUE OF THE INDETERMINATE SENTENCE FOR CONVICTED FELONS, WITH A PROPOSED SENTENCING PLAN FOR CALIFORNIA WHICH WOULD PLACE CONTROL OF SENTENCING WITH THE JUDICIARY AND WOULD ABOLISH INDETERMINATE SENTENCES.
Abstract
SEVERAL ARGUMENTS IN FAVOR OF THE INDETERMINATE SENTENCE ARE REVIEWED. IN EACH CASE, THE AUTHOR COUNTERS THE ARGUMENTS AND POINTS OUT THE PROBLEMS, INHERENT IN THE USE OF THE INDETERMINATE SENTENCE. THE AUTHOR ARGUES FOR THE ALMOST COMPLETE ABANDONMENT OF THE INDETERMINATE SENTENCE AND A RETURN OF THE TERM FIXING AND REVOCATION FUNCTIONS TO THE JUDICIAL SYSTEM. A PROPOSED PLAN FOR THE STATE OF CALIFORNIA IS OUTLINED WHICH WOULD CALL FOR THE ABOLISHMENT OF CALIFORNIA'S THREE PAROLING AGENCIES. OTHER PROVISIONS OF THE PLAN INCLUDE THE IMPOSITION OF DEFINITE SENTENCES OF TWO YEARS OR LESS BY TRIAL COURT JUDGES WITH STATUTORY PROVISION FOR CUSTOMARY GOOD TIME CREDITS, THE FIXING OF SENTENCES LONGER THAN TWO YEARS BY TRIAL JUDGES, SUBJECT TO JUDICIAL REVIEW, AND THE ESTABLISHMENT OF A SPECIAL SENTENCE REVIEW DIVISION OF THE COURT OF APPEAL. POST INSTITUTIONAL SUPERVISION OF RELEASED INMATES WOULD BECOME THE RESPONSIBILITY OF LOCAL PROBATION UNDER THIS PLAN. FOR PART ONE OF THIS ARTICLE, SEE NCJ-26251. (AUTHOR ABSTRACT MODIFIED)