Simple theory, hard reality : the impact of sentencing reforms on courts, prisons, and crime

Bibliographic Information

Simple theory, hard reality : the impact of sentencing reforms on courts, prisons, and crime

Tamasak Wicharaya

(SUNY series new directions in crime and justice studies)

State University of New York Press, c1995

  • : pbk

Available at  / 10 libraries

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Note

Includes bibliographical references (p. 213-226) and index

Description and Table of Contents

Description

This book analyzes the origins, contemporary trends, and consequences of sentencing reforms in the United States. It explores and clarifies the principles, current practices, and implementation problems of "get tough on crime" legislation that has been America's most predominant response to crime during the past two decades. In evaluating the impact of these reforms on courts, prisons, and crime, a theory of criminal sentencing reform is built and applied to the data across 47 states over almost 30 years. It relies on original analyses that yield interesting research findings and insightful interpretations. The author argues that policymakers tend to reduce complex reality to a simplistic form that predicts policy consequence and they tend to adhere to criminology theories that have policy implications that are consistent with their policy choices. The theory of criminal sentencing reform explains various casual links that link the following important factors: sentencing reform policies, sentencing behavior, the size of the prison population, and crime. This book is an important contribution to the debate over sentencing reform policy. It is essential reading for anyone wishing to understand why sentencing reforms failed to achieve their intended goals.

Table of Contents

Illustration Tables Foreword Acknowledgments 1. An Introduction to Sentencing Reform A Theory of Criminal Sentencing Reform The Court Community Model Definition of Policy Success Plan of Study 2. The Origins of Sentencing Reforms Criminal Law Reform The Rise and Fall of the Therapeutic State The Sentencing Reform Movement: A Return to the Determinate Sentence System Conclusion 3. Sentencing Reforms in Practice Legislative Control over Judicial Decisions: When to Incarcerate? For How Long? When to Release? Mandatory Minimum Sentencing Laws Mandatory Determinate Sentencing Laws Presumptive Determinate Sentencing Laws Presumptive Sentencing Guidelines Voluntary Sentencing Guidelines Conclusion 4. Evaluations of Sentencing Reform Impacts Mandatory Minimum Sentencing Laws Mandatory Determinate Sentencing Laws Presumptive Determinate Sentencing Laws Presumptive Sentencing Guidelines Voluntary Sentencing Guildelines Prior Evaluations of Sentencing Reform Impacts and Their Methodological Limitations Conclusion 5. The Court Community's Response to Sentencing Reforms The Flow of Criminal Cases The Dynamics of the Court Community Systems The Disposition of Felony Cases Adaptive Responses to Sentencing Reforms Conclusion 6. Consequences of Sentencing Reforms The Limits of Severe Penalties The Growth of Prison Populations The Rise in Violent Crime Policy Implications and Conclusion 7. Sentencing Reform: Simple Theory, Hard Reality A Summary of Evaluation Results Sentencing Reform on Trial: A Simple Policy That Fails Simple Theory, Hard Reality Appendix A. Research Methodology Appendix B. Statistical Procedure References Index

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