Chapter

The Jurisprudence of Imprisonment in California

E.Zimring Franklin, Gordon Hawkins and Sam Kamin

in Punishment and Democracy

Published in print December 2003 | ISBN: 9780195171174
Published online March 2012 | e-ISBN: 9780199849765 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195171174.003.0007

Series: Studies in Crime and Public Policy

The Jurisprudence of Imprisonment in California

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This chapter examines how the 1994 legislation interacts with prior law to create a complicated and often inconsistent set of principles that guide the punishment of felons in California. It looks at the theory and practice of Three Strikes in the broader context of sentencing throughout the criminal justice system in California. It shows how the new law influenced the distribution of punishments among crimes and criminals, particularly the most serious punishments imposed. The first part of the chapter traces the modern history of sentencing reform in California. A second part profiles the mix of theories that now applies to different classes of felony offenders in the current statutory pattern. The third part uses data from the study to assess the impact of the new law on proportionality of punishment and on sentencing disparity.

Keywords: sentencing reform; criminal sentencing; sentencing disparity

Chapter.  6227 words. 

Subjects: Criminal Law

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