NCJ Number
75592
Journal
Iowa Law Review Volume: 65 Dated: (January 1980) Pages: 468-491
Date Published
1980
Length
24 pages
Annotation
The Iowa Supreme Court's decision in State v. Buck is used as a vehicle in this article to explore the scope of inherent judicial sentencing authority at common law and under the newly enacted Iowa Criminal Code.
Abstract
The article reviews the context in which the issue in the Buck case arose and its treatment by the court. Following a brief survey of the development of concurrent and consecutive sentencing authority in Iowa, the analysis turns to a more focused consideration of the appropriate limits on judicial discretion in sentencing. The amendment to the Iowa Criminal Code governing the imposition of consecutive sentences is discussed and compared to similar enactments in other jurisdictions so as to define areas in need of improvement. The article recommends that the adoption of more stringent guidelines in a new multiple sentencing provision would better reflect the principles that gave impetus to Iowa's Criminal Code revision. Therefore, provisions limiting judicial discretion, assuring the rationale gradation of offenses, and emphasizing offender rehabilitation are recommended. Implementation of these guidelines would make Iowa's multiple sentencing provisions consistent with the recognized goals of the criminal code revision. A total of 210 notes are listed. (Author abstract modified)