Q1: The changes that took place in the sentencing process can be categorized into different reform movements, which ultimately resulted in longer prison sentences. The first was the voluntary or advisory sentencing guidelines. Next was determinate sentencing under which the state legislature established a presumptive confinement range for every category of offence. The ‘three-strikes-and-you-are-out’ law can also be seen as major contributors, which were enacted during the early 1990s. These laws impose extremely long prison sentences on repeat offenders. The ‘truth-in-sentencing’ laws also ensure that offenders carry out a substantial portion of their sentence which also makes their prison confinement long. Mandatory minimum sentences have also made it compulsory for offenders to serve a minimum number of years in prison. These reforms, which have been carried out over a span of 30 years, have significantly altered the process of sentencing that is carried out in the country.
Q2: In my opinion, punishment should be based by considering the offender i.e. his past record and general behavior as well as the severity of the crime. The model suggested here is a combined form where the range of the sentence can be decided based on the severity of the crime and the actual sentence based on the history and behavior of the offender. This model would have some drawbacks like bias on the part of the judge or that in case of past offenders the punishment might get more severe than they deserve because of their history. First degree murder, assault and battery and other crimes of a violent nature should not be included in this list because these rank the highest in the severity of their nature.
References:
National Employment Law Project, Ban the Box: Major U.S. Cities and Counties Adopt Fair Hiring Policies to Remove Unfair Barriers to Employment of People with Criminal Records (Aug. 2013), available at http://www.nelp.org/page/-/SCLP/2013/Ban-the-Box1.pdf?nocdn=1
