Abstract

Almost all major court systems are now beset by a range of problems relating to sentencing policy and practice. These include crowded dockets that result in minimal consideration of individual sentencing decisions, a limited range of sentencing options, and mandatory sentencing policies that unduly restrict judicial discretion. These policies have contributed to dramatic increases in prison and jail populations. Several policy changes would help create a more rational and effective sentencing system: establish a more individualized approach to the sentencing of offenders; repeal mandatory sentencing laws and other overly restrictive sentencing policies; and, reallocate resources between the criminal justice system and other societal institutions.

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