Probation or Prison

Abstract

Although legal principles capable of remedying disparity and unjust prison commitments have been recognized and have been applied to sentencing, most trial and appellate courts resist adopting them, adhering to the old and failing concept of total autonomy of trial courts in sentenc ing. Some cases that apply these principles and others that do not are cited and analyzed. Adoption of the principle of the least drastic alternative, the foremost of the needed reforms, calls for supporting practices. It is recom mended by the National Advisory Commission on Criminal Justice Standards and Goals, whose proposed criteria are set forth.