NCJ Number
43606
Journal
Journal of Criminal Law and Criminology Volume: 68 Issue: 1 Dated: (MARCH 1977) Pages: 122-134
Date Published
1977
Length
13 pages
Annotation
THE DOCTRINE OF NONREVIEWABILITY OF SENTENCES IN CRIMINAL CASES IS EXAMINED, AND THE STATUS OF EFFORTS TO INITIATE SENTENCE REVIEW IS ASSESSED.
Abstract
THE SCOPE OF APPELLATE REVIEW OF SENTENCES IN THE UNITED STATES IS DESCRIBED; VARIATIONS IN PRACTICES FROM STATE TO STATE ARE NOTED. SOME FORM OF SENTENCE REVIEW IS AVAILABLE IN 23 STATES. IN OTHER STATES AND IN THE FEDERAL COURTS, A SENTENCE THAT FALLS WITHIN THE RANGE OF PUNISHMENT PRESCRIBED BY STATUTE IS FINAL. SENTENCE REVIEW TENDS TO BE LESS WELL ESTABLISHED IN THOSE STATES IN WHICH THE AUTHORITY TO REVIEW HAS BEEN JUDICIALLY IMPLIED FROM STATUTE RATHER THAN UNEQUIVOCALLY AUTHORIZED BY STATUE. THE EXPERIENCE OF FEDERAL COURTS WITH THE DOCTRINE OF NONREVIEW IS DISCUSSED, AND ARGUMENTS FOR AND AGAINST REVIEW OF SENTENCES ARE EXAMINED. AMONG FACTORS THAT MAY HAVE BEEN INFLUENTIAL IN DISCOURAGING THE COURTS FROM INTERPRETING EXISTING AUTHORITY AS PERMITTING SENTENCE APPEALS ARE: THE TENDENCY OF THE COURTS TO BELIEVE THAT THE APPROPRIATENESS OF A SENTENCE IS NOT A PROPER QUESTION FOR THE JUDICIARY; RESPECT SHOWN BY APPELLATE COURTS FOR THE SENTENCING DISCRETION OF LOWER COURT JUDGES; FEAR THAT SENTENCE REVIEW WOULD RESULT IN A DELUGE OF APPEALS; AND THE BELIEF THAT APPELLATE REVIEW OF SENTENCES WOULD DISCOURAGE TRIAL JUDGES FROM THINKING FOR THEMSELVES. THE PURPOSES OF SENTENCE REVIEW ARE DISCUSSED, AND THE DEBATE OVER THE ABILITY OF THE COURTS TO DEVELOP SENTENCING CRITERIA IS NOTED. THE POTENTIAL OF SENTENCE REVIEW AS A MEANS OF COMBATING CLEARLY EXCESSIVE SENTENCES AND SENTENCING DISPARITIES IS POINTED OUT. GUIDELINES FOR EVALUATING SENTENCE REVIEW AS A JUDICIAL FUNCTION ARE SUGGESTED. A TABLE IS INCLUDED SUMMARIZING INFORMATION ON SENTENCE REVIEW FOR EACH STATE PERMITTING REVIEW.