takes the form of plea bargaining and charge selection. In others
judges and parole boards retain wide discretion on a case-by-case basis.
In still others, sentencing commissions have been given responsibility
for defining how offenders are punished. Regardless of the form,
sentencing policy
directly affects what the correctional practitioner does on a daily
basis. and to the extent that this policy fails in fairness and
rationality, then our practice is adversely affected.
For that reason, we, as members of the American Correctional
Association, have a vested interest in the sentencing policies which we
must carry out. As implementers of these policies we have a unique
vantage point form which to provide input on their effectiveness and
consequences. If we do not provide that voice of our collective
experience on this matter, then sentencing practices, nationwide, will
fail to be as soundly based as they should be in this important public
policy area.
The objectives of punishment, retribution, deterrence, incapacitation,
and rehabilitation, while legitimate social goals, should be applied to
the sentencing process which attempts to control crime as much as
possible, at the lowest cost to taxpayers, in the least restrictive
environment consistent with good public safety.
Policy Statement:
It is important for correctional professionals and their association to
take an active role in voicing concerns and providing input into the
establishment of sound sentencing policies. The American Correctional
Association should actively promote the development of sentencing
policies. Those policies should:
A. Be based on the principle of proportionality, The punishment
imposed should be commensurate with the seriousness of the crime and
the harm done;
B. Be impartial. Both the individual discretion exercised in
sentencing and the policies that define how offenders are to be
punished must be impartial with regard to race, ethnicity, gender
and economic status;
C. Include a broad range of options for punishing, controlling and
treating offenders;
D. Be purpose driven. Policies must be based on a clearly
articulated understanding of the purposes they purport to have. They
should he grounded in knowledge of the relative effectiveness of the
various sanctions we impose in our attempts to achieve these
purposes;
E. Encourage the evaluation of sentencing policy on an ongoing
basis. The monitoring of the use of the various sanctions should be
done to determine their relative effectiveness based on the
purpose(s) they are intended to have. Likewise monitoring should
take place to ensure that the sanctions are not applied based on
race, ethnicity, gender or economic status;
F. Recognize that the criminal sentence must be based on multiple
criteria. Consideration should be given to such factors as the harm
done to the victim, the past criminal history, the need to protect
the public, and the opportunity to provide programs for offenders as
a means of reducing the risk for future crime;
G. Allow for recognition of individual case differences. Sentencing
policy should provide the framework to guide and control discretion
according to established criteria and within appropriate limits but
must allow for tailoring of sentences within those limits to fit
each case presented to the court;
H. Have as a major purpose restorative justice - - righting the harm
done to the victim and the community. The restorative focus should
be both process and substantively oriented. The victim or their
representative should be included in the justice process. The
sentencing procedure should address the needs of the victim
including their need to be heard and as much as possible to be and
feel restored to whole again;
I. Community based programs should be utilized for those offenders
who, consistent with public safety, can be retained there; and
J. Be linked to the resources needed to implement the policy. The
consequential cost of various sanctions should be assessed.
Sentencing policy should not be enacted without the benefit of a
fiscal impact analysis. Resource allocations should be linked to
sentencing policy so as to ensure adequate funding of all sanctions
including total confinement and the broad range of intermediate
sanction and community base programs needed to implement those
policies.
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