NCJ Number
70913
Date Published
1979
Length
17 pages
Annotation
Focusing on the sentencing function, this article discusses the training of judges, the presentence report, the aims of the sentence, and the penal measure.
Abstract
If the effectiveness of sentencing is to be improved, special criminological training of judges is necessary. Such training should include instruction in the broad areas of criminalistics, judicial psychology, forensic psychiatry, criminology, and penology. In addition to other appropriate qualifications, a certificate of basic and special criminological studies should be a requirement for the appointment of criminal judges. In addition, the presentence report is essential for sound sentencing decisions. To be useful, a presentence report must contain all necessary information, be objective and accurate, be relevant to the specific case, be written clearly, and be delivered to the judge within the shortest period of time compatible with the necessary requirements. A presentence report should include the circumstances under which the offense was committed, as described by the offender; the life history of the defendant; and specialized information regarding the physical, psychological, and neuropsychiatric traits of the offender. Recommendations should include diagnosis, prognosis, and suggestions for a sentence and treatment program. Sentencing should be aimed more at the protection of society and the resocialization of the offender than vindictiveness, retribution, or deterrence. To improve their sentencing decisions, judges should be aware of the actual value of the various measures established in penal law and the likelihood of their effective implementation. The judge's task should cover the entire judicial process, from the beginning of the trial through the offender's integration into society. Footnotes and 14 references are supplied.