Survey of Mandatory Sentencing in the U.S. - A Summary and Brief Analysis of Mandatory Sentencing Practices in the United States

• NCJ Number: 80919
• Author(s): R S Morelli; C Edelman; R Willoughby
• Date Published: 1981
• Length: 59 pages
• Corporate Author: Pennsylvania Cmssn on Crime and Delinquency
• Sale Source: National Institute of Justice/; Pennsylvania Cmssn on Crime and Delinquency
• Publication Type: Survey
• Language: English
• Country: United States of America
• Note: A limited number of single copies are available from the Statistical Analysis Center, Pennsylvania Commission on Crime and Delinquency.

Annotation

This report provides survey information on the nature and extent of mandatory sentencing of criminal offenders in the United States and presents State-by-State summaries of 35 States with either mandatory minimum sentences or various forms of determinate sentences or guideline sentencing.

Abstract

States which apply the mandate only after a decision to incarcerate or which permit probation, a suspended sentence, or conditional release are excluded. First degree murder, which typically carries special sentencing provisions, is also omitted. For each State, the history and current nature of mandatory or determinate sentencing are described. Data on four basic types of sentencing schemes -- determinate, presumptive determinate, guidelines, and indeterminate -- are presented. Offenses are listed with minimum sentences. The effect of 'good time' provisions on time served, other possibilities for early release on parole, and the existence of parole supervision are noted for each State. Common features of all the States' mandatory sentencing systems are also summarized. The analysis shows that the use of mandatory sentencing generally has no correlation to either the State's geographic region or population size. Most of the mandatory sentencing legislation came into effect in 1975 or later. In addition, most States have determinate sentencing or are experimenting with other definite sentencing schemes. Some States have variations on the basic sentencing type. Alaska, for example, has specified presumptive terms for only some offenses, including repeat felonies. Many of the 32 States have a mandatory minimum sentence, and a minimum for possession or use of a weapon in an offense. Most States allow reductions of mandatory sentences for all offenses, and only 6 require that the entire sentence be served in all cases. Finally, changes to mandatory sentencing schemes have resulted in changes in, or elimination of, the parole function in several States and have created two kinds of prisoners -- those sentenced under the new and those sentenced under the old systems. The report was prepared for use by Pennsylvania governmental officials in developing and considering proposals for mandatory sentencing. Tables are provided.