Criminal Sentencing in Florida: Determinate Sentencing's Hollow Shell

This study examines the destabilization of determinate sentencing in Florida. In retaining the form but rejecting the substance of the determinate sentencing model, Florida's punishment policy is today an unwieldy mix of the worst features of the indeterminate and the determinate ideologies. The discussion places recent policy changes, including the authorization of extraordinarily wide sentencing ranges and the abolition of appellate review, in the context of Florida's two-decade odyssey with determinate sentencing. The article is based on interviews with policymakers and practitioners, along with a variety of official and unofficial documents. The potential ramifications of other states following Florida's lead are enormous and deserve scrutiny.