NCJ Number
14416
Journal
New England Journal on Prison Law Volume: 1 Issue: 1 Dated: (SPRING 1974) Pages: 138-147
Date Published
1974
Length
10 pages
Annotation
DISCUSSION OF A 1973 NEW JERSEY SUPREME COURT DECISION HOLDING A NEW JERSEY STATUTE WHICH SENTENCED WOMEN OVER 30 ON A DIFFERENT BASIS THAN MALES UNCONSTITUTIONAL.
Abstract
THE STATUTE PROVIDED FOR THE INDETERMINATE CUSTODIAL SENTENCING OF WOMEN OVER AGE 30 TO THE STATE CORRECTIONAL INSTITUTION. RELEASE FROM CUSTODY IS PREDICATED UPON REHABILITATION AND IS SOLELY AT THE DISCRETION OF THE CORRECTIONAL INSTITUTION'S BOARD OF MANAGERS. THE INEQUITIES OF THIS SENTENCING PROCEDURE ARE APPARENT WHEN CONTRASTED WITH THE SENTENCING OF MALE OFFENDERS IN NEW JERSEY. MEN OVER AGE 30 ARE GIVEN MINIMUM-MAXIMUM SENTENCES IN THE STATE PRISON AND ARE ENTITLED BY STATUTE TO WORK CREDITS AND TIME OFF FOR GOOD BEHAVIOR. WOMEN OFFENDERS SENTENCED UNDER IT ARE ENTITLED TO NEITHER WORK CREDITS NOR TIME OFF FOR GOOD BEHAVIOR. IN CHAMBERS, THE NEW JERSEY SUPREME COURT ORDERED THE STATE TO PRODUCE EMPIRICAL EVIDENCE IN SUPPORT OF THE STATUTE. THE STATE FAILED TO SUSTAIN ITS BURDEN OF PROOF. WITNESSES CALLED BY THE STATE AGREED THAT THERE WAS NO SOUND PENOLOGICAL BASIS FOR JUSTIFYING INDETERMINATE SENTENCES FOR WOMEN WHILE MEN RECEIVED MINIMUM-MAXIMUM TERMS. ADDITIONALLY, THEY AGREED THAT IT DID NOT TAKE LONGER TO REHABILITATE A WOMAN OFFENDER AND THAT THERE WERE FEW, IF ANY, INNATE DIFFERENCES BETWEEN MEN AND WOMEN WHICH WOULD JUSTIFY SUCH A CONCLUSION. (AUTHOR ABSTRACT)