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CIVIL LIBERTIES POLICY ON SENTENCING

NCJ Number
40323
Author(s)
D ROTHMAN; J LEE; W LEIBOVITZ; L SAGER; D SHACK; D TERYL; I GLASSER
Date Published
1976
Length
11 pages
Annotation
MEMORANDUM DISCUSSES NEW YORK CIVIL LIBERTIES UNION'S (NYCLU) POSITION ON THE RIGHTS OF THE ACCUSED DURING SENTENCING.
Abstract
THE NYCLU HAS POSITIONS ON THE RIGHTS OF THE ACCUSED DURING ARREST, TRIAL PROCEDURES, APPEALS, AND IN POST-CONVICTION CONDITIONS. BUT THE PURPOSE OF THE MEMORANDUM WAS TO DISCUSS THE ADOPTION OF A POSITION ON SENTENCING RIGHTS, A POSITION THE NYCLU DID NOT HAVE. PARTICULAR ATTENTION WAS PAID TO THE CONSTITUTIONALITY OF THE INDETERMINATE SENTENCE. THE ARBITRARINESS OF ITS APPLICATION WAS ESPECIALLY CRITICIZED. THE NYCLU WAS CONCERNED THAT THE DISCRETION OF JUDGES NOT BE PREJUDICIAL TOWARD THE CONVICTED....BS