The End of Determinate Sentencing: How California's Prison Problem Can Be Solved With Quick Fixes and a Long Term Commission

Abstract

This paper will analyze the problem of the Determinate Sentencing system in the California Correctional System. Once thought to be the only way to keep sentencing fair, the system is largely viewed now as a failure that guarantees reform is no longer a part of the prison system. Combined with tough-on-crime solutions such as Three-Strikes and increased mandatory minimums, California's sentencing scheme is a mess. This paper will look to other states for proposed fixes, such as early release, drug treatment, or more heavily supervised parole. Finally, the paper will address the greatest solution to this problem, the creation of a sentencing commission and the possible implementation of presumptive sentencing guidelines.