To Incarcerate or Not to Incarcerate Is the Question: Our Judicial Role in Resolving the Mass Incarceration Dilemma

Vol. 51 No. 4


The question of whether to incarcerate or not is the Shakespearean-like question faced by sentencing judges as they determine the appropriateness of incarceration. After reviewing detailed presentence reports, the sentencing judge may consider many restorative justice factors ranging from accountability to rehabilitation. Whether the charge is petty or serious, judges do not take these sentencing decisions lightly, especially when guidelines make incarceration one of the options.

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