Benefits of Dual Mode Sentencing
Dual Mode Sentencing brings clarity to the criminal justice process by separating the two main societal motivations for punishment. Judges take care of retribution (Debt to Society), while the Parole Board handles only incapacitation (Risk of Recidivism). This puts direct focus on controlling recidivism, using the right reasoning at the right time.
The primary benefit to society of implementing Dual Mode Sentencing is increased safety and security resulting from a decrease in crime. Currently more than half of the crime committed in the State is done by recently released former inmates. Concentrating our efforts on preventing recidivism directly affects the well-being of society. Further benefits are achieved by strengthening families through providing increased incentive to offenders; both while inmates and also while parolees.
Substantial cost savings to the State and the taxpayer can be achieved by implementing Dual Mode Sentencing. The main factor that will drive decreases in costs is lowering recidivism. This is tied directly to making good decisions about which inmates to release from prison and which inmates to keep in prison. Driving this decision process is data mining and an actuarial application relating to risk factors. This is known as Evidence Based Practices. The knowledge is thus acquired to make good and sound decisions about who to release, based on factors that actually relate to recidivism potential. A decrease in prison population will result. This also lowers the need for costly prison infrastructure expansion.
The benefit to victims by using Dual Mode Sentencing is the definiteness that comes from a determinate retributive sentence. The victim is assured that the perpetrator will be locked-up in prison for the period of time prescribed by the judge. The court will likely take into account the wishes of the victims at the time of sentencing. Victims will know that the retributive sentence is for them, to extract from the convict his freedom for a period of time, until the Debt to Society has been paid. This will be deemed to be a fair amount, both by statute and by the determination of the judge, who is most familiar with the case. Because of the inherent definiteness, the victim can then get on with rebuilding their life. They need not be concerned with rehashing the crime in front of a Parole Board at some point in the future. A feeling of resolve to move-on, overcome and improve is more likely to take root, which is the best that can be hoped for, given that they were the victim of crime.
The primary benefit to society of implementing Dual Mode Sentencing is increased safety and security resulting from a decrease in crime. Currently more than half of the crime committed in the State is done by recently released former inmates. Concentrating our efforts on preventing recidivism directly affects the well-being of society. Further benefits are achieved by strengthening families through providing increased incentive to offenders; both while inmates and also while parolees.
Substantial cost savings to the State and the taxpayer can be achieved by implementing Dual Mode Sentencing. The main factor that will drive decreases in costs is lowering recidivism. This is tied directly to making good decisions about which inmates to release from prison and which inmates to keep in prison. Driving this decision process is data mining and an actuarial application relating to risk factors. This is known as Evidence Based Practices. The knowledge is thus acquired to make good and sound decisions about who to release, based on factors that actually relate to recidivism potential. A decrease in prison population will result. This also lowers the need for costly prison infrastructure expansion.
The benefit to victims by using Dual Mode Sentencing is the definiteness that comes from a determinate retributive sentence. The victim is assured that the perpetrator will be locked-up in prison for the period of time prescribed by the judge. The court will likely take into account the wishes of the victims at the time of sentencing. Victims will know that the retributive sentence is for them, to extract from the convict his freedom for a period of time, until the Debt to Society has been paid. This will be deemed to be a fair amount, both by statute and by the determination of the judge, who is most familiar with the case. Because of the inherent definiteness, the victim can then get on with rebuilding their life. They need not be concerned with rehashing the crime in front of a Parole Board at some point in the future. A feeling of resolve to move-on, overcome and improve is more likely to take root, which is the best that can be hoped for, given that they were the victim of crime.
The benefit to inmates of using Dual Mode Sentencing is the understanding that they are paying a definite price for the crime that they committed. It is easier to see justice in a definitive sentence than it is in an indeterminate sentence. Once the retributive sentence has expired, the inmate may know that it is his own attitudes and actions that are the primary factors in whether or not he is fit to be released. He may take hope that he has something to do that will affect his position. As a consequence, inmates are motivated to take advantage of programs and opportunities to improve themselves.
The court system would benefit by using Dual Mode Sentencing because judges would be in control of a major factor in administering justice. They would be able to make a definitive declaration of punishment. Judges are in a unique position of being most familiar with each case. They can seek to determine justice in meting punishment, knowing that their decision is determinate.
The benefit to the Department of Corrections of working under Dual Mode Sentencing is that the Department may then concentrate to a greater measure on correcting the behavior of inmates rather than on warehousing inmates. The Department is given more control over its destiny since they have a major input into preparing inmates for release. They will actively seek to do those things that will prevent recidivism. Guards will have an easier working environment, because the attitudes in the prison would change from a tone of confinement, contention and punishment to a tone of education, progress and cooperation.
The Parole Board is benefited by Dual Mode Sentencing because the impetus of its workload would be changed. No longer would they need to review crime to determine whether or not an inmate should be punished further. No longer would they have to hear the testimony of victims, that aspect having already been satisfied by the time the case reaches the Parole Board. They would concentrate their efforts on determining whether or not the inmate was fit to be released into society. By redefining the focus of the Parole Board and computerizing much of their analysis, their overwhelming case load would be reduced to a manageable function. They would be a valuable partner in conjunction with the Department of Corrections in administering the criminal justice/corrections process.
The court system would benefit by using Dual Mode Sentencing because judges would be in control of a major factor in administering justice. They would be able to make a definitive declaration of punishment. Judges are in a unique position of being most familiar with each case. They can seek to determine justice in meting punishment, knowing that their decision is determinate.
The benefit to the Department of Corrections of working under Dual Mode Sentencing is that the Department may then concentrate to a greater measure on correcting the behavior of inmates rather than on warehousing inmates. The Department is given more control over its destiny since they have a major input into preparing inmates for release. They will actively seek to do those things that will prevent recidivism. Guards will have an easier working environment, because the attitudes in the prison would change from a tone of confinement, contention and punishment to a tone of education, progress and cooperation.
The Parole Board is benefited by Dual Mode Sentencing because the impetus of its workload would be changed. No longer would they need to review crime to determine whether or not an inmate should be punished further. No longer would they have to hear the testimony of victims, that aspect having already been satisfied by the time the case reaches the Parole Board. They would concentrate their efforts on determining whether or not the inmate was fit to be released into society. By redefining the focus of the Parole Board and computerizing much of their analysis, their overwhelming case load would be reduced to a manageable function. They would be a valuable partner in conjunction with the Department of Corrections in administering the criminal justice/corrections process.