Determinate Sentencing: Real or Symbolic Effects?

Abstract

Abstract The move to get tough on crime through determinate sentencing was assessed by comparing the last three years of Arizona's old criminal code with the first three years of its new code. As expected, under the new code there was an increase in plea bargaining, prison admissions and commitment rates and the percentage of violent offenders sentenced to prison. Contrary to expectations, the percentages of offenders sentenced to prison or jail as a condition of probation and the length of prison terms decreased, and the percentage of probation only sentences increased. Although the new code did nothing to increase the certainty of apprehension, arrests and felony filings increased dramatically, leading to prison and jail overcrowding. Drawing upon a recent, similar experience absent major code revisions and upon current factors external to new code provisions, the symbolic stimulative effect of the new code and resource availability rather than substantive changes in the law are suggested as primary det...