NCJ Number
28693
Date Published
1975
Length
239 pages
Annotation
THE AUTHOR BELIEVES THAT THE POST-CONVICTION PROCESS SENTENCING, IMPRISONMENT, AND PAROLE - IS, AND SHOULD NOT BE, BEYOND THE SCOPE AND PROTECTION OF LAW.
Abstract
JUDGES, PRISON ADMINISTRATORS, AND PAROLE BOARDS FUNCTION WITH LITTLE OR NO LEGAL ACCOUNTABILITY. THE HISTORY OF CORRECTIONS IN THE UNITED STATES IS REVIEWED TO ILLUSTRATE THE EXTENT TO WHICH CONTEMPORARY CORRECTIONS IS THE PRODUCT OF OUTDATED AND OFTEN DISCREDITED CONCEPTS. THE RESULTS ARE COUNTERPRODUCTIVITY, INEQUITY, AND UNNECESSARY EXPENSE. THE AUTHOR SUGGESTS RADICAL AND REFORMIST APPROACHES TO CHANGING THE SYSTEM. THE RADICAL APPROACH CALLS FOR ABOLISHING INDETERMINATE SENTENCES AND PAROLE. PRECISE SENTENCES, THE MAXIMUM BEING FIVE YEARS, WOULD BE PREDETERMINED ACCORDING TO THE SERIOUSNESS OF THE OFFENSE. REHABILITATION MUST BE ACCOMPLISHED DURING THIS TIME OR, UNLESS A COMPELLING NEED FOR FURTHER CONFINEMENT COULD BE DEMONSTRATED, THE PRISONER WOULD BE RELEASED. THE AUTHORS MORE MODERATE PROPOSAL WOULD LEAVE THE SENTENCING AND PAROLE PROCESSES ESSENTIALLY INTACT, BUT WOULD OPEN THEM TO PUBLIC AND JUDICIAL SCRUTINY. THE AUTHOR ALSO CALLS FOR A LEGISLATIVE SPECIFICATION OF PRISONERS' RIGHTS, AND SUGGESTS THE UNITED NATIONS STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS (INCLUDED IN AN APPENDIX) AS A MODEL.