RESPONDING TO THE PUBLIC

MAKING THE CRIMINAL JUSTICE SYSTEM WORK

What the public said they wanted1

How the state has responded under structured sentencing 2

A majority of the public (66%) supports the idea of truth in sentencing--the sentence imposed by the judge should be fully served. Table 11 Under Structured Sentencing, truth in sentencing is established. Offenders must serve 100% of the minimum sentence imposed by the judge and may serve up to 20% longer.
A large majority of the public (88%) supports the idea of truth in sentencing if it also requires longer time served for violent offenders. Table 11a Under Structured Sentencing, violent offenders will serve more average time in prison than they have in recent years. For example, average time served will more than triple for the most serious assaults and more than double for second degree murder, first degree arson and other felony assaults.
A large majority of the public (83%) supports the idea that offenders convicted of similar records who commit similar crimes should receive roughly the same sentence, no matter who the judge is or in what city the crime occurred. Table 12 Under Structured Sentencing, similar offenders, with similar prior records, convicted of similar crimes will receive similar sentences.
A large majority of the public (89%) believes that the correctional system should punish offenders. Table 15 Under Structured Sentencing, all convicted offenders must receive some type of punishment, either in prison, jail or in the community.
A large majority of the public (87%) believes that the correctional system should require offenders to pay back their victims or society. Table 15 Structured Sentencing authorizes restitution for all convicted offenders and authorizes community service work for most convicted offenders.
A large majority of the public (86%) believes that the correctional system should discourage would-be criminals from breaking the law. Table 15 Under Structured Sentencing, all criminals face sure and certain punishment if arrested and convicted for a crime. Structured Sentencing has put teeth back into the judge's sentence by backing up punishments with adequate prison, jail and community resources.
A majority of the public (68%) believes that the correctional system should rehabilitate offenders so that they become productive members of society. Table 15 Structured Sentencing authorizes vocational training, employment assistance, drug treatment and basic education for convicted offenders.
A large majority of the public (95%) believes that anyone convicted of a violent crime should be sent to prison all or most of the time. Table 17 Under Structured Sentencing, prison is mandatory for nearly all violent felony offenses. Prison or jail is authorized for all violent misdemeanor offenses.
A majority of the public (68%) believes that most violent offenders serve less than half of their prison sentence. Table 19 Under Structured Sentencing, both violent and non-violent criminals sent to prison must serve 100% of their minimum sentences and may serve up to 20% longer.
A majority of the public (63%) believes prison inmates sit around all day, watching TV, and playing cards Table 20 Under Structured Sentencing, prisoners may serve up to 20% longer than their minimum sentence if they refuse to work or to participate in educational, vocational or treatment programs.
A majority of the public (64%) believes prison terms should be longer. Table 24 Under Structured Sentencing, the overall average time served in prison for all felony and misdemeanor crimes will more than double compared to the average time served in prison in 1993.
A large majority of the public (90%) believes the state should provide enough prison space so violent criminals are never released early because of overcrowding, even if this means building new prisons and paying for them by higher taxes or spending cuts. Table 23 Under Structured Sentencing, the state has increased its prison capacity by nearly 75% (the largest increase in the history of the state). Parole has been eliminated and the prison cap has been abolished. No offender sentenced under Structured Sentencing can be released early.
A majority of the public (70%) believes that juveniles aged 16 and 17 who commit violent crimes should receive the same sentence as adults. Table 25 Under Structured Sentencing, all juveniles over age 15 must be sentenced as adults. Furthermore, juveniles aged 13 or higher who commit certain violent crimes may be transferred to adult court and be sentenced as adults.
A majority of the public favors the use of selected community-based punishments instead of prison for selected nonviolent offenders. These punishments may include restitution (98%), community service (97%), boot camp (97%), strict probation (89%), treatment centers (88%), day reporting centers (88%), house arrest (80%) and halfway houses (82%). Table 30 Under Structured Sentencing, nonviolent offenders with little or no prior criminal records are directed into intermediate and community punishments which may include restitution, community serve, boot camp, intensive supervision probation, treatment centers, day reporting centers and electronic monitoring.

1. Based on a telephone poll of 810 North Carolina adults, age 18 or older, reflecting a cross section of the state's population. The poll was conducted by the John Doble Research Associates, Inc. In August 1995. The sampling error for each item is plus or minus 4 percentage points, at a confidence interval of 95 percent.

2. Structured Sentencing applies to crimes committed on or after October 1, 1994.

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