Alan Vinegrad, former United States Attorney for the Eastern District of New York, writes in the New York Law Journal about the new Sentencing Reform Commission established by Gov. Spitzer. Seizing the opportunity presented by a low crime rate coupled with the high costs of incarceration, New York is trying to find new ways to address the “lock-em-away-forever” theory that has proven to be a very costly failure.
The Commission on Sentencing Reform [in contrast to the USSC] does not appear to have been developed with any particular system in mind. Rather, it has been given the open-ended charge of recommending legislative fixes that include alternatives to incarceration and take into account the fiscal impact of the prison system. It appears that, beyond simple uniformity, the commission’s aim is to reduce prison populations while still maintaining public safety and the traditional goals of criminal punishment.
Wow. Whenever the words “sentencing” and “commission” are used together, we immediately envision the dreaded grid used by the Feds to turn judges into grocery clerks, prosecutors into sentencing control freaks and disconnect humanity from the process. While Booker and Fanfan were supposed to change all that, it has largely proven to be nothing more than a cruel hoax. will win the day.<BR><BR>The concepts that underlie sentencing have barely changed in the past few hundred years. Most recently (1983), priority was placed on uniformity, a la the United States Sentencing Guidelines intended to even out sentences across the country for no better reason than to give the appearance that all crimes would be treated alike: harshly. But the scheme remained the same: Criminals go to jail where they are punished. If they come out and commit new crimes, they go to jail for an even longer period of time. Sounds good, right?<BR><BR>But no one has every really dealt with the problem of what to do with these pariahs when they come out of jail. Instead, our system has created an underclass with few options. We used to say that they’ve paid their dues to society, and are therefore worthy of a second chance. Now we finally admit that society really doesn’t want to give them a second chance, and we just want them out of our lives. Of course, these convicts keep showing up at the bus stop anyway, and we’ve never addressed a solution short of life in prison for the lot of them.<BR><BR>Being an eternal optimist, I chose to believe that Gov. Spitzer is on to something. Whether it will fulfill its great vision of arriving at a truly new and rational approach to sentencing that will fix the historic failures of the current schemes has yet to be seen. I wish Gov. Spitzer and the commissioners the best in this endeavor. Their efforts will serve all of us.</p><div class=)
Rational Sentencing — Another Try
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