NCJ Number
196344
Journal
Journal of Criminal Justice Volume: 30 Issue: 4 Dated: July/August 2002 Pages: 287-301
Editor(s)
Kent B. Joscelyn
Date Published
July 2002
Length
15 pages
Annotation
This article reports on the origins and potential impacts of two sentencing laws passed in 1997 in Florida, in the context of the national movement for determinate sentencing and discusses future research areas.
Abstract
The two Florida laws discussed in this article are the Criminal Punishment Code, which abandoned statewide, structured sentencing and increased opportunities for racial and geographic disparity, and the Prisoner Release Reoffender Punishment Act, which mandated long statutory maximum sentences for repeat offenders. It is suggested that the labels "determinate" and "indeterminate" mean less today than they did in the 1970's when the national movement for determinate sentencing began. A table is included showing determinate sentencing stages in Florida. This study reports that present sentencing was found to be a jumble of punishment systems with neither sentencing model predominating. It was also found that the more people involved in a task, the less likely it would be that their efforts would result in a satisfactory conclusion. Also, administrative rulemaking was preferred over that of rulemaking by legislators or appellate judges because of the former's proximity to the source of discretion. The dysfunctional punishment policy that has resulted from three branches of government exercising their punishment powers is a result of politically reactive responses to high profile crimes. This punishment system has resulted in geographic disparity, racial discrimination, unconstitutional violations of ex-post facto protections, and unpredictable and unaccountable sentencing. It is recommended that further research be undertaken to examine the full extent of these disproportionalities. Note, references, list of cases cited