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The Chip Board Archive 07

IT'S A BIT THORNY, BUT [NCR]

You've raised some interesting points, Paul. Basically, our state and federal systems of justice are among the harshest in the world. Many states have parole options and provide good time credit--simply a matter of policy. While it might be better to give a certain sentence, compel completion and add time for bad conduct, that isn't done here. Our systems have undergone vast changes in the 226 years of existence. We set strict punishement early on; then succumbed to those who wanted the punishment to consider the person and not just the crime (thus leading to indeterminate sentences); then the pendulum swung back the other way in the 60's and we returned at least part way to determinate sentences. Feds have a structured sentencing procedure that leaves little discretion in the judge's hands once the crime is charged (there are provisions for upping or lowering sentences depending on circumstances). Some judges would enter "w/o the benefit of parole" in order to try to overcome parole possibility but these orders were illegal absent statutory authorization. Multiple sentences in excess of a normal life are given to insure against release in jurisdictions that have parole possibility. Sentences can accumulate or be made concurrent depending on the crimes charged. Enough? grin

Messages In This Thread

NCR-question for the board attorney's
Re: NCR-question for the board attorney's
Re: NCR-question for the board attorney's
Pete- Right on, but here's some more
IT'S A BIT THORNY, BUT [NCR]
Re: NCR-question for the board attorney's
A related but different point

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