New York State's indeterminate sentencing and parole system of 1985 resulted in sentence disparity, uncertain and prolonged prison terms and prisoner unrest rather than in peaceful prison rehabilitation. The length of imprisonment and time of release under an indeterminate sentencing system are dependent upon the prisoner's need for and responsiveness to correctional treatment programs. In response to the problems of indeterminate sentencing, the federal government and several state legislatures abandoned or modified indeterminacy and have adopted a variety of fixed sentencing plans. This Note describes the history and development of the indeterminate sentencing and parole system. It exposes the flaws inherent in this system and the abuses to which it is subject. In addition, this Note explores the various alternatives to the indeterminate sentencing system and how they have been implemented by the federal government and by the states and then examines the specific sentencing reform plan proposed in New York State. Finally, this Note recommends that a modified version of the proposed plan be adopted by the New York State Legislature and that the existing parole system in New York be eliminated.
Jeanine M. Schupbach,
NEW YORK'S SYSTEM OF INDETERMINATE SENTENCING AND PAROLE: SHOULD IT BE ABOLISHED?,
13 Fordham Urb. L.J. 395
Available at: http://ir.lawnet.fordham.edu/ulj/vol13/iss2/3