For most of the 20th Century, sentencing purposes and procedures were virtually the same in all American jurisdictions. The primary sentencing goal was rehabilitation, to be accomplished mostly in prison. To achieve this goal, judges and parole boards were given broad discretionary powers. In the 1970s, legal scholars and critics began to question such unfettered discretion, and to advocate for a system of prison-as-punishment, not as moral reeducation...
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