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Exasperation with high crime and chaotic justice does not always produce hasty, broad-brush legislation. Determinate or presumptive sentencing, now the law in eleven states, is a more thoughtful kind of overhaul, a necessary reform of an old reform gone awry. Beginning around 1900, indeterminate sentences???"two to five" or "ten to 20"?became common. As soon as a prisoner could convince a parole board that he had learned his lesson, he could go. Manhattan District Attorney Robert M. Morgenthau says that "prisoners tend to go into rehabilitation programs for the purpose of convincing the parole board that they...
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