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Prison Overcrowding: The Law's Dilemma

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  • EDWARD M. KENNEDY

Abstract

The author focuses on the importance of criminal sentencing policy to prison overcrowding and advocates comprehensive sentencing reform that emphasizes selective incapacitation of dangerous offenders as a sensible approach to conserving scarce prison resources. The author is the chief sponsor of the Sentencing Reform Act of 1984, which was recently enacted as part of the Comprehensive Crime Control Act of 1984. The Sentencing Reform Act, which embodies the most comprehensive reform of criminal sentencing ever undertaken by Congress, establishes an independent United States Sentencing Commission to establish a uniform sentencing policy and mandatory sentencing guidelines to be used by federal judges. The act abolishes early release on parole, cautions the Sentencing Commission to develop guidelines that minimize prison overcrowding, and emphasizes use of incarceration for dangerous, violent repeat offenders. The use of uniform sentences and selective incapacitation provided for in the new law offers a constructive approach to the intractable problem of prison overcrowding.

Suggested Citation

  • Edward M. Kennedy, 1985. "Prison Overcrowding: The Law's Dilemma," The ANNALS of the American Academy of Political and Social Science, , vol. 478(1), pages 113-122, March.
    • Handle: RePEc:sae:anname:v:478:y:1985:i:1:p:113-122
    DOI: 10.1177/0002716285478001010
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