Del. C. » Title 11 — Criminal Procedure Generally · CHAPTER 43. Sentencing, Probation, Parole and Pardons · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 4301 (2026)

Purposes and construction

✓ current as of May 2026
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This chapter shall be construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by a case study, and that whenever it appears desirable in the light of the needs of public safety and their own welfare, such person shall be dealt with, at restricted liberty in the community, by a uniformly organized system of constructive rehabilitation, under probation or parole supervision instead of in a correctional institution.

11 Del. C. 1953, §  4301;  54 Del. Laws, c. 349, §  7; 
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1972–2021 · leading case: United States Ex Rel. England v. Anderson, 347 F. Supp. 115 (D. Del. 1972).
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United States Ex Rel. England v. Anderson, 347 F. Supp. 115 (D. Del. 1972). “, in that it did not give sufficient notice that (a) the mandatory minimum sentence was five years, (b) that a person convicted thereunder would be ineligible for probation and parole, and (c) that, with respect to this particular offense, it failed to disclose that the court’s…”
Chrichlow v. State (Del. 2021). “7 11 Del. C. § 4301 (“This chapter shall be construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by a case study, and that whenever it appears…”
Saunders v. Hall-Long (D. Del. 2019). “The Rules of the Board of Pardons, the Delaware Constitution, and Chapter 43 of the Delaware Code set forth the mechanism and process for an application of commutation.”
Saunders v. Hall-Long (D. Del. 2020). “VII, §§ 1, 2; 11 Del. C. §§ 4301, 4302, 4361-4364; https://pardons.”
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