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- Title
THE REGULATION OF SENTENCING DECISIONS: WHY INFORMATION DISCLOSURE IS NOT SUFFICIENT, AND WHAT TO DO ABOUT IT.
- Authors
BUNTING, W. C.
- Abstract
This Article identifies a number of problems, both in practice and in theory, in what is denoted here as the "information disclosure model of sentencing regulation." While the disclosure model places a lack of information at the heart of the problem of inefficient sentencing policy, the present Article explains how the problem is better understood, not as informational, but as incentives based. A statutory appropriation requirement is described that seeks to correct an explained incentive to engage in myopic legislative decisionmaking; specifically, a one-year appropriation is required from a general budget fund into a statutorily created special reserve fund for any proposed change in sentencing policy projected to increase the correctional population. A survey of existing statutory appropriation requirements is provided and certain best practices are identified. In addition, a novel statutory provision is proposed: monies should be appropriated from the special reserve fund to the general fund if a bill is projected to decrease the correctional population. Such withdrawals from the special reserve fund made in the current fiscal period serve as concrete, immediate evidence of the fiscal benefits of less punitive criminal sentences, where such benefits are often realized only in the long run, and supply a novel incentive for legislators to engage in forward-looking, fiscally responsible sentencing policy. The present Article further contends that proposed changes in sentencing policy should not be subjected to cost-benefit analysis (as opposed to fiscal impact analysis as required under the statutory appropriation requirement), because the retributive value of a criminal sentence is extremely difficult to measure given the current state of estimation technology.
- Subjects
CRIMINAL sentencing laws; DISCLOSURE; GOVERNMENT policy on criminal sentencing; REWARDS programs (Criminal investigation); CRIMINAL justice policy; COST effectiveness; ESTIMATION theory
- Publication
New York University Annual Survey of American Law, 2014, Vol 70, Issue 1, p41
- ISSN
0066-4413
- Publication type
Article