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                            Library & Multimedia
 North Carolina's Determinate Sentencing Legislation
NCJ Number
              96530
Journal

*Judicature* Volume: 68 Issue: 4-5 Dated: (October/November 1984) Pages: 140-152
Author(s)
          S H Clarke
Date Published

1984
Length
              13 pages
Annotation
              The North Carolina General Assembly enacted the Fair Sentencing Act (FSA) in 1979, intended to reduce unjustified variation in sentences for felonies and to make such sentences more predictable, although not necessarily more severe.
Abstract
              This review identifies the weaknesses of the FSA; considers its history and impact; and discusses trial court dispositions, sentencing procedure, other sentencing options, sentence severity and variation, and effects on prison populations. Length of active sentence for felonies varied less after the FSA. The fact that the FSA presumptive prison term was generally the median length of active sentence is strong evidence that the reduced variation was due to the FSA. Further evidence of adherence to the FSA's presumptive prison terms is the fact that judges tended to impose these terms even though they were generally well below the pre-FSA median and mean prison terms. Much variation remained in sentence lengths, but the tendency was toward greater consistency. While judges varied less in the length of active sentence for felonies, they did not become more sensitive to aggravating factors emphasized by the FSA, such as prior convictions, degree of physical injury, and amount of property loss. There were indications that the disadvantages of black defendants in sentencing declined or disappeared after the FSA. The FSA left intact much prosecutorial and judicial discretion. This provided wide opportunity to evade the policies of the legislation, yet little evasion seemed to occur. One table, 1 figure, and 23 footnotes are provided.
      
  
          Additional Details
Grant Number(s)
        80-IJ-CX-0004


  
  
        
  Agencies
        NIJ-Sponsored
    
  
  
Date Published: January 1, 1984
    
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                      *No download available*

Related Datasets
        
                      http://dx.doi.org/10.3886/ICPSR08307
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                Determinate sentencing
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