The Use of Discretion in Determininig the Severity of Punishment for Incarcerated Offenders

Many studies have been conducted on the decision-making processes of social control agencies. These studies have provided considerable insight into both the legal and non-legal factors which affect people who come into contact with representatives of such agencies. While substantial research has already been conducted concerning the discretionary practices of police, prosecutors, judges and juries and the effect of their practices on the legal norm-violator's contact with the law, there is one area in the criminal justice system which has been almost totally neglected. Few studies have investigated the processes which determine when, how, and why norm-violators who have been found guilty and incarcerated should be released from our penal institutions.' This situation exists despite the fact that the decision-making at this stage is not generally governed by "due process," subject to appeal, nor open to public scrutiny. Today, in most states, the determination of the nature and the extent of an offender's sentence