CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, October 20, 2010

Streit & Chisholm on Increasing Sentencing Discretion

Kenneth Streit and John Chisholm have posted Sentencing Option: Why Restrict Judges? (Wisconsin Lawyer, Vol. 83, No. 9, September 2010) on SSRN. Here is the abstract:

Dissatisfaction with parts of the indeterminate (parole) sentencing system led many states, including Wisconsin, to totally eliminate this and substitute a Truth-in-Sentencing system. After a decade with the new system, there are also many problems including difficulty in arranging programs, overcrowding and banishing the concept of rehabilitation. An adjustment would be to provide judges with both options at the time of sentencing so that the most serious offenders would be serving the fullest sentence while others would have earlier access to treatment and possible earned release.

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