NCJ Number
148644
Journal
Criminal Law Forum Volume: 4 Issue: 2 Dated: (1993) Pages: 355-392
Date Published
1993
Length
38 pages
Annotation
The Committee of Ministers, through the Council of Europe, has recommended that the governments of member states, taking in consideration their own constitutional principles and legal traditions, take appropriate steps to implement a consistent sentencing framework.
Abstract
The appendix to this recommendation outlines various rationales for sentencing and a penalty structure based on sentencing orientations and starting points for different offenses. Orientations and starting points can be implemented through legislation, guidelines judgments by superior courts, an independent commission, or guidelines for the prosecution. The recommendation also covers aggravating and mitigating factors, previous convictions, prohibition of reformatio in peius, time spent in custody, and the role of the prosecutor. Finally, the recommendation discusses the need for sentencing studies and information, statistics and research, and European cooperation on sentencing information.