Truth in sentencing advocates for serving a substantial portion of a judge’s sentence without early release on parole. It is believed to deter crime and protect victims, but may contribute to higher prison costs and remove incentives for good behavior. It is often linked to other sentencing guidelines and varies by region. Reform is complex and varies by demographic.
Truth in sentencing is a concept put forward by some criminal justice lawyers who argue that people should serve a substantial portion of a judge’s sentence, rather than being released early on parole. Historically, prison systems have released prisoners on probation when they behave well and as a result they are seen as less of a threat to society. Those sentenced to nine years in prison, therefore, could serve only six. According to the truth in the sentence, that same person would be required to serve at least 85% of the nine-year sentence.
There are a number of arguments to support this policy and several governments have responded by endorsing truth in sentencing laws. It is believed to act as a deterrent to crime because criminals understand that if convicted, they will serve most of their resulting sentence in prison. Furthermore, these laws are also promoted as a way to protect the rights of victims and the general public; victims of violent crimes, for example, can rest assured that the perpetrator will serve most of the sentence.
Arguments against such laws include that they contribute to higher prison costs and overcrowding and that they can remove the incentive for good behavior in prisons, which can lead to behavior problems. When people are not released early for good behavior, they may not be inclined to behave, especially in a crowded prison.
Typically, truth propositions in sentencing laws are also linked to other sentencing guidelines, including mandatory minimum sentences. The first probation boards over their powers, while the sentencing guidelines in turn act to limit the discretion of judges. When a judge issues a sentence in a region with sentencing guidelines, he cannot waive or change the sentence, even if it is believed that this is in the interest of the offender or the public.
Reform of the criminal justice and penal systems is a complex issue, and is often evolving in response to changing social attitudes towards the justice system and the prison system. Regional laws can also be highly variable, depending on the demographic composition of their populations. Some regions have liberal populations who would prefer to focus on rehabilitation, for example, while others have conservative populations who would prefer to see criminals serve traditional prison sentences.
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