California Prison Sentences Don’t Work Any More

Why Now Is the Time to Change the Rules I Helped Make

Just how much discretion should we give to officialdom when sentencing people to prison for crimes?

It’s a hard question, and, as I’ve learned firsthand, the answer can change through time. Forty years ago, I was a principal proponent of the determinate sentencing law (DSL), which made felony sentencing more predictable, thus reducing the discretion of judges and parole officials. Today, I’m supporting a state ballot initiative—Proposition 57—to modify that legislation and restore some discretion to sentencing.

And I’m hardly alone in seeing this issue change across time. The leading backer of …