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Full-Text Articles in Law
Good Intentions Gone Awry—A Proposal For Fundamental Change In Criminal Sentencing, Christopher T. Bayley
Good Intentions Gone Awry—A Proposal For Fundamental Change In Criminal Sentencing, Christopher T. Bayley
Washington Law Review
This article will discuss the individual treatment model and analyze the fallacies of current sentencing practices and philosophies. Concluding that the treatment model is inappropriate because it fails to consider fundamental principles of justice and the purposes of the criminal law, it will offer an alternative proposal for sentencing that is not dependent on the theory of rehabilitation.
The Board Of Prison Terms And Paroles And Indeterminate Sentencing: A Critique, Jack Meyerson
The Board Of Prison Terms And Paroles And Indeterminate Sentencing: A Critique, Jack Meyerson
Washington Law Review
The Board of Prison Terms and Paroles is given the authority to release most felons from prison when it has determined that the prisoner has been rehabilitated, regardless of the length of time the prisoner has served. Rehabilitation usually consists of satisfactory participation in a formal prison program designed to change the person's criminal behavior into behavior which is more acceptable. The Board has, however, become a target of manipulation by prisoners who indicate outward compliance with rehabilitation procedures in order to be deemed "rehabilitated" and therefore released from prison prior to the expiration of their maximum sentences. In order …
A Rebuttal To The Attack On The Indeterminate Sentence, Sue Titus Reid
A Rebuttal To The Attack On The Indeterminate Sentence, Sue Titus Reid
Washington Law Review
As the preceding sentence indicates, the indeterminate sentence has recently come under attack. Although criticisms that should be considered seriously can be directed at the indeterminate sentence, the time for its abolition has not yet arrived. This article will discuss the history and treatment philosophy underlying the indeterminate sentence, but will not consider all the objections to the indeterminate sentence. Rather, the focus will be on the philosophical and practical problems of implementing the treatment philosophy. It will conclude that the system itself should not be viewed as solely responsible for its shortcomings because abuses of the system, as well …
A Judge's Personal Perspective On Criminal Sentencing, Solie M. Ringold
A Judge's Personal Perspective On Criminal Sentencing, Solie M. Ringold
Washington Law Review
The imposition of sanctions on convicted offenders is a principal vehicle for accomplishing the goals of the criminal law. An appropriate sentencing disposition is as important to the integrity of our system of justice as is the just determination of guilt. Yet the problems, questions, frustrations and self-analysis involved in the sentencing process are complex and heavy burdens. Each judge required to impose a criminal sentence is faced with the difficult tasks of determining the future life of the individual before him or her, balancing the impact on the individual with the needs of society, and drawing the line between …
Washington Jails: A Legislative Failure, Bob Free
Washington Jails: A Legislative Failure, Bob Free
Washington Law Review
This article will examine the present condition of Washington's jails and the existing statutes governing them. It concludes that the passage of comprehensive jail standards legislation is needed to protect the rights of the confined.
Juvenile Court: The Legal Process As A Rehabilitative Tool, Bobbe Jean Ellis
Juvenile Court: The Legal Process As A Rehabilitative Tool, Bobbe Jean Ellis
Washington Law Review
The author's study, reported in this comment, had two objectives. First, it attempted to determine whether a juvenile's experience with the traditional sociological model or with the legal due process model is more likely to motivate him to feel positively toward the legal system. Second, this study attempted to measure the attitudes of the professionals in the juvenile system (judges, attorneys, and caseworkers) toward the two models. The results of the study, although not all were statistically significant, indicated that although the professionals favored the traditional sociological model, the use of the legal-due process model was more likely to result …
Improving The Criminal Justice System: The Need For A Commitment, Donald J. Horowitz
Improving The Criminal Justice System: The Need For A Commitment, Donald J. Horowitz
Washington Law Review
Society asks a great deal of the criminal justice system. It asks for protection, punishment, rehabilitation, and humanity; it simultaneously asks that the system operate accurately, efficiently and fairly. Recently, societal concern has been sharply focused on the criminal justice system and most particularly on its correctional and sentencing aspects. The rising crime rate is blamed on the failure of the system to deal properly with offenders. This assumes too great a potency in the criminal justice system however; many other factors in society have a far greater impact on the incidence of crime and violence. The criminal justice system, …
Symposium: Law And The Correctional Process In Washington. Editor's Note, Philip Talmadge
Symposium: Law And The Correctional Process In Washington. Editor's Note, Philip Talmadge
Washington Law Review
In recent months the Washington correctional system has come under aittack for failing to limit criminal activity by effectively deterring future offenders or successfully treating those offenders presently within the system. Responding to this public interest, this Symposium issue examines the adult correctional system, the jails, juvenile proceedings, and commitment procedures in Washington. The reader is provided with a step-by-step explanation of these proceedings, and personal observations from those intimately involved with corrections are also included to acquaint the reader with the thought processes of individuals implementing the correctional system. The Washington Law Review hopes that these materials will not …
A Perspective On Adult Corrections In Washington, Richard C.J. Kitto, Jr.
A Perspective On Adult Corrections In Washington, Richard C.J. Kitto, Jr.
Washington Law Review
Any proposals for reform of Washington's correctional process must be evaluated in the context of factual information concerning the present system. This comment will familiarize those interested in correctional issues with the legal and institutional framework of the Washington system. The first section of the comment describes the course of events experienced by an adult offender immediately after conviction of a felony, whether upon a guilty plea or by a verdict of guilty following a trial. It examines the probation decision, the sentencing process, the institutions, and the parole considerations for those offenders subject to the correctional system. The second …
The Board Of Prison Terms And Paroles: Criteria In Decision Making, George W. Johnson
The Board Of Prison Terms And Paroles: Criteria In Decision Making, George W. Johnson
Washington Law Review
The following is a summary of the mechanics of the Board's operation in the sentencing process, after which the policies underlying its decision-making process will be examined. The State of Washington has a modified indeterminate sentence structure. The maximum term for each felony is limited by statute and, if the arrestee is convicted, the court must impose a maximum term within the statutory guidelines. The minimum term is generally fixed by the Board. Neither the court-imposed maximum nor the Board-determined minimum actually indicates the length of time necessarily spent in prison, however, because Washington has a good time law which …
Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert
Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert
Washington Law Review
The civil rights movement has reached into prisons and jails, directing public attention to the fact that prisoners are also beneficiaries of the rights and privileges that the Constitution extends to all citizens. After a discussion of the development of prisoners' rights, this article will survey the major cases establishing prisoners' rights of access to courts and legal assistance. It will summarize previous research dealing with prisoners and their legal problems on a national scale, and extend that research by presenting the findings of a recent research project conducted in the Washington State prison system evaluating the legal needs of …