Truth in Sentencing
From Wikipedia, the free encyclopedia
Truth in Sentencing (or TIS) is a collection of different but related ideas about justice and fairness in the sentencing of criminals. Unlike earlier and better-known debates about what constitutes just sentencing, TIS is relatively unconcerned with what is fair for the criminal (e.g., 10 versus 12 years for armed robbery) or the victim. TIS advocates focus on the public's "right to know" how long any particular criminal will be incarcerated. From a TIS perspective, it is deceptive and unjustified to sentence an individual to "seven to nine years" and then release the individual after he or she has served only six years.
In theory, truth in sentencing has nothing to do with sentence-lengths; sentences of any length can be administered to fulfill the most stringent TIS crieria. In practice, truth in sentencing is closely linked to other movements intended to make sentences longer, including "mandatory minimums" (in which particular crimes yield automatic sentences no matter what the extenuating circumstances), and three strikes laws (in which felons remain incarcerated for the rest of their lives after a third serious crime). Virtually no TIS advocates have objected to sentences that are quite literally impossibly long (e.g., "life plus 99 years" and "three life sentences").
In the United States, federal law currently requires that an offender serve a "substantial portion" of their original sentence. This is achieved by eliminating or restricting paroles and/or time off for good behavior. The first law requiring TIS was passed in 1984, and a number of states now have them. In 1994 a federal TIS law was passed. To qualify for TIS federal funding, offenders must serve 85% of their sentence for qualifying crimes. As of 1998 the District of Columbia and 27 states qualify for this additional funding.