The purpose of this article is to engage in some analysis and discussion of the part of this sentencing law that cries out loudest for reform (the state's persistent felony offender law), reform that in short order would begin to deflate the population that has our prisons and jails grossly overcrowded. In this analysis and discussion, there is some brief consideration of the justifications used to support repeat offender laws (Part I), a segment on the history and evolution of Kentucky's law (Part II), an examination of a selection of repeat offender laws from other states (Part III), a report on two field studies of the use of the persistent felony offender law in two Kentucky courts (Parts IV and V), and a concluding argument in support of a return to sentencing sanity that once prevailed in our laws and in our justice system.

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Notes/Citation Information

Kentucky Law Journal, Vol. 97, No. 1 (2008-209), pp. 1-36


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