By Norval Morris
Around the nation prisons are jammed to potential and, in severe situations, barges and cellular houses are used to stem the overflow. Probation officials in a few towns have caseloads of 2 hundred and more--hardly a plausible variety of offenders to trace and supervise. And with approximately a million humans in criminal and penal complex, and and a part million on probation, it's transparent we're experiencing a concern in our penal procedure. In among legal and Probation, Norval Morris and Michael Tonry, of the nation's major criminologists, supply an incredible and well timed approach for relieving those difficulties. They argue that our beaten corrections process can't focus on the movement of convicted offenders as the extremes of punishment--imprisonment and probation--are either used excessively, with a near-vacuum of important punishments in among. Morris and Tonry suggest as a substitute a complete software that will depend on a number punishment together with fines and different monetary sanctions, group provider, apartment arrest, extensive probation, heavily supervised therapy courses for medicinal drugs, alcohol and psychological ailment, and digital tracking of move. utilized in rational mixtures, those "intermediate" punishments may greater serve the neighborhood than our current polarized selection. severe attention of those punishments has been hindered through the common notion that they're healing instead of punitive. the truth, despite the fact that, Morris and Tonry argue, "is that the yank felony justice process is either too serious and too lenient--almost randomly." Systematically applied and conscientiously enforced, intermediate punishments can "better and extra economically serve the neighborhood, the sufferer, and the legal than the legal phrases and probation orders they supplant." among legal and Probation is going past mere advocacy of an expanding use of intermediate punishments; the e-book additionally addresses the tricky job of becoming those punishments right into a finished, reasonable and community-protective sentencing method.
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Extra resources for Between Prison and Probation: Intermediate Punishments in a Rational Sentencing System
The task is to devise a system of sentencing guidelines that can structure sentencing discretion and regularize the use of intermediate punishments within a comprehensive system of punishment. We take it as given that the current movement toward development and implementation of systems of presumptive sentencing guidelines will continue. Most thoughtful practitioners, including most judges, and most scholars now accept that indeterminate sentencing as was implemented in this country throughout most of this century resulted in unacceptable, unwarranted sentencing disparities—in appearance and in fact.
Are we really suggesting that Criminal B serve a jail or prison term with the hope that thereafter he can be fitted into a drug treatment program, while Criminal A should pay a substantial fine, be under intensive probationary supervision with a condition of regular attendance at a drug treatment program where he is tested regularly to ensure that he is drug-free, and be subjected possibly to house arrest in the evenings and weekends—electronically monitored if that be necessary? This will, of course, be the likely result.
The influential critique that Judge Marvin Frankel offered in 1972 of sentencing generally— gross unwarranted disparities, "lawlessness" in the sense that no standards govern decisions, lack of judicial accountability—currently applies to nonprison punishments in nearly every jurisdiction. Even in those states that have established finely tuned sentencing guidelines 01 statutory sentencing criteria, the standards apply mainly to decisions about imprisonment. Judicial discretion over sentences other than imprisonment remains unfettered.