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Indeterminate Sentencing: Cruel and Unusual Punishment, or Just Plain Cruel?

NCJ Number
129049
Journal
New England Journal of Criminal and Civil Confinement Volume: 16 Issue: 1 Dated: (Winter 1990) Pages: 89-120
Author(s)
G L Mason
Date Published
1990
Length
32 pages
Annotation
Despite research indicating that inmate conformity to institutional norms may lead to adaptation difficulties upon release, the length of imprisonment and time of release of inmates serving indeterminate sentences seems to be directly linked to their responsiveness to institutional rehabilitative programs.
Abstract
Indeterminate sentencing appears to favor prisoner rehabilitation as it provides a minimum term with a quick opportunity for parole. However, critics of indeterminate sentences argue that this type of rehabilitative effort has had little impact on the recidivism rate. The uncertainty of indeterminate sentences may cause deleterious effects in prisoners including physical disturbance, psychotic symptoms, intellectual deterioration, psychological changes, and changes in social attitude. Although the courts have maintained that indeterminate sentencing does not violate the constitutional prohibition against cruel and unusual punishment, because of the psychological consequences associated with its uncertainty, this issue deserves further consideration. 184 notes

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