NCJ Number
155319
Date Published
1994
Length
293 pages
Annotation
This edition of the American Bar Association's standards for criminal justice sentencing reiterates the principle that each sentence should be no more severe than necessary and that unwarranted and inequitable disparities in sentences should be eliminated.
Abstract
Sentencing must be viewed as an integrated system with purposes, structures, resource needs, processes, and consequences. The principal issues that arise concerning sentencing in every jurisdiction involve disparity, determinacy, and severity. This volume proposes an intermediate function of sentencing that directs judges to a presumptive disposition for an ordinary offense committed by an ordinary offender. These standards contain a number of provisions related to the legislative framework for sentence determinations. In other words, a defendant should be sentenced based on the offense for which he has been convicted, rather than for what is sometimes referred to as the real offense. The standards provides for offender restitution and reparation as well as victims' participation in sentencing proceedings. This edition also provides that appeals from sentence may be initiated by either the prosecution or defense. Chapter references