1 / 44

Sentencing Reform in North Carolina: Addressing Problems in the Criminal Justice System

This article discusses the problems in the criminal justice system in North Carolina, such as the loss of meaning in judicial sentences and felons serving only a fraction of their sentence. It also highlights the creation of a Sentencing Commission and the goals of reform, including restoring truth in sentencing and enhancing consistency and certainty in sentencing. The advantages of structured sentencing are examined, as well as the role of the Sentencing Commission in monitoring and recommending modifications.

gracieb
Download Presentation

Sentencing Reform in North Carolina: Addressing Problems in the Criminal Justice System

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. SENTENCING REFORM IN NORTH CAROLINA Thomas W. Ross

  2. PROBLEMS IN THE CRIMINAL JUSTICE SYSTEM • JUDICIAL SENTENCES LOSING MEANING • FELONS SERVING ONLY A FRACTION OF SENTENCE

  3. * Sentencing Commission created ** Projected with cap and no new prisons

  4. PROBLEMS IN THE CRIMINAL JUSTICE SYSTEM • JUDICIAL SENTENCES LOSING MEANING • FELONS SERVING ONLY A FRACTION OF SENTENCE • MISDEMEANORS SPINNING THROUGH SYSTEM • PROBATION VIOLATIONS ESCALATING • OFFENDERS REFUSING ALTERNATIVES TO PRISON • PUBLIC CONFIDENCE ERODING

  5. THE FIRST STEP • CREATION OF SENTENCING COMMISSION • 23 INITIAL MEMBERS • LEGISLATIVE DIRECTIVES

  6. LEGISLATIVE DIRECTIVES • CONSTRUCT CORRECTIONAL SIMULATION MODEL • CLASSIFY CRIMINAL OFFENSES • RECOMMEND STRUCTURE FOR SENTENCING • DEVELOP COMPREHENSIVE COMMUNITY CORRECTION STRATEGY • CONSIDER OTHER POLICY ISSUES

  7. GOALS OF REFORM • SET PRIORITIES FOR PRISON SPACE • RESTORE TRUTH IN SENTENCING • PROVIDE UNDERLYING RATIONALE FOR SENTENCING • ENHANCE CONSISTENCY IN SENTENCING • ENHANCE CERTAINTY IN SENTENCING • MAKE EFFICIENT USE OF RESOURCES • BALANCE SENTENCING POLICIES WITH RESOURCES

  8. COMPONENTS OF SENTENCING DECISION PROCESS FOLLOWED

  9. COMPONENTS OF SENTENCING DECISION SUBCOMMITTEES DEVELOPED PROPOSALS PROCESS FOLLOWED

  10. FELONY CLASSIFICATION CRITERIA*

  11. FELONY CLASSIFICATION CRITERIA*

  12. SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data

  13. SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data (3,552) (7,675) (2,233) A=0.3% (96) B1=0.5% (144) B2=1.0% (297) C=3.5% (1,030) D=2.7% (781) E=4.1% (1,204) (3,937) (11,702)

  14. SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data

  15. SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data

  16. *FY 2007/08 Structured Sentencing Data SOURCE: NC Sentencing and Policy Advisory Commission and NC Department of Correction

  17. *FY 2007/08 Structured Sentencing Simulation data SOURCE: NC Sentencing and Policy Advisory Commission

  18. * NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data ** 1993 Pre-Structured Sentencing Data

  19. PERCENT RECEIVING AC TIVE SENTENCE BY FELONY OFFENSE CL ASS Offense Percent Active: Percent Active: Class FSA – 1993 SSA – 2007/08 A 100% 100% B1 100% 100% B2 97% 100% C 84% 100% D 93% 100% E 52% 52% F 47% 57% G 65% 42% H 45% 38% I 31% 12% TOTA L 47% 39% SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data

  20. * FSA based on CY 1993 data; SSA based on FY 2007/08 Felony Structured Sentencing Simulation data. SOURCE: NC Sentencing and Policy Advisory Commission and NC Department of Correction

  21. SOURCE: State Bureau of Investigation, 2007 NC CRIME TRENDS INDEX CRIME RATES

  22. SOURCE: State Bureau of Investigation, 2007 NC CRIME TRENDSVIOLENT CRIME RATES

  23. THE N.C. CRIMINAL JUSTICE SYSTEM TODAY • TRUTH IN SENTENCING RESTORED • ANNUAL PROJECTIONS TO HELP PLAN PRISON CAPACITY • NO PAROLE FOR OFFENDERS SENTENCED UNDER STRUCTURED SENTENCING • PRISON CAP REPEALED • VIOLENT OFFENDERS SERVING LONGER SENTENCES • TOUGHER COMMUNITY PUNISHMENTS • PUNISHMENT MORE CERTAIN AND CONSISTENT • SENTENCING POLICY FORMULATED IN CONSIDERATION OF CORRECTIONAL RESOURCES

  24. Note: Prison capacity figures reflect Expanded Operating Capacity. SOURCE: NC Sentencing and Policy Advisory Commission and NC Department of Correction

  25. Note: Prison capacity figures reflect Expanded Operating Capacity. SOURCE: NC Sentencing and Policy Advisory Commission and NC Department of Correction

  26. SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Structured Sentencing Simulation Model DISTRIBUTION OF THE PROJECTED PRISON POPULATION BY OFFENSE CLASSFELONIES ONLY

  27. DISTRIBUTION OF FY 2007/08 CONVICTIONS AND SENTENCES SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data

  28. DISTRIBUTION OF THE 2009 PROJECTED PRISON POPULATION BY OFFENSE CLASS NOTE: The distribution of the 2009 projected prison population is based only on felonies and excludes offenses for which the offense class is unknown (1%). SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Structured Sentencing Simulation Model

  29. THE CRIMINAL JUSTICE SYSTEM TOMORROW • PRISONS WILL BECOME OVERCROWDED • LAWSUITS WILL RETURN • INCREASED RISKS TO CORRECTIONAL OFFICERS • PROPOSALS FOR PAROLE WILL RETURN • TRUTH IN SENTENCING WILL BE COMPROMISED • HUNDREDS OF MILLIONS OF DOLLARS WILL BE SPENT ON PRISONS AND NOT AVAILABLE FOR OTHER NEEDS

  30. ROLE OF THE SENTENCING COMMISSION • MONITORING • IMPACT ANALYSIS • ANALYSIS OF NEW LEGISLATION • RECOMMENDING MODIFICATIONS

  31. ADVANTAGES OF STRUCTURED SENTENCING • PROMOTES TRUTH IN SENTENCING • SETS PRIORITIES • ALLOWS EFFICIENT USE OF RESOURCES • ENHANCES CONSISTENCY AND CERTAINTY IN SENTENCING • PROVIDES UNDERLYING RATIONALE FOR SENTENCING • BALANCES POLICY WITH RESOURCES

  32. DISTRIBUTION OF FY 2007/08 CONVICTIONS AND SENTENCES WITHIN THE FELONY PUNISHMENT CHART (CONTINUED ON NEXT SLIDE)

  33. DISTRIBUTION OF FY 2007/08 CONVICTIONS AND SENTENCES WITHIN THE FELONY PUNISHMENT CHART (CONTINUED FROM PREVIOUS SLIDE)

More Related