The Indeterminate Sentence at the Crossroads
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چکیده
Despite years of experimentation and hope, many authorities of penology now conclude that few rehabilitative programs reduce recidivism.' However, it has been stated that "lower rates of recidivism are associated with either very short sentences . . . or long sentences." 2 The only method that can tailor length of sentence to individual needs is the indeterminate sentence. By carefully evaluating the offender's progress in changing his attitude and behavior, the indeterminate decree allows correctional administrators the flexibility to release prisoners when they are rehabilitated. Indeterminacy differs from traditional fixed sentence procedure in that in the latter procedure prisoners are retained for years despite their rehabilitation, while others are freed yet have not changed their behavior.3 Although indeterminate sentencing is designed to fully meet the needs of incarceration, it has met serious criticism. The liberals object because this apparently benign technique is abused by prison administrators who detain inmates labelled as non-conformers. At the same time conservatives moan that many offenders serve all too brief sentences and return to the streets in relatively short time. Finally, prisoners complain that the uncertainty of indeterminacy damages their morale and frustrates plans for returning to jobs and families.
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تاریخ انتشار 2015