CONTROLLING DISCRETION IN SENTENCING - THE CLEMENCY BOARD AS A WORKING MODEL

• NCJ Number: 36479
• Journal: NOTRE DAME LAWYER Volume: 51 Issue: 5 Dated: (JULY 1976) Pages: 919-945
• Author(s): W A STRAUSS; L M BASKIR
• Date Published: 1976
• Length: 27 pages
• Corporate Author: University of Notre Dame
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXAMINATION OF A WORKING MODEL OF SENTENCING PRACTICES DESIGNED TO CHECK INCONSISTENCIES AMONG JUDGES WHICH WAS DEVELOPED BY THE PRESIDENTIAL CLEMENCY BOARD IN RESPONSE TO UNEVEN TREATMENT OF DRAFT OFFENDERS BY FEDERAL JUDGES.

Abstract

THE BOARD DEVELOPED AND PUBLISHED A CLEAR SET OF RULES TO SERVE AS CRITERIA FOR CASE JUDGMENTS AND FOLLOWED PROCEDURES WHICH INSURED EXPLICIT APPLICATION OF THEM IN EACH CASE. IT IDENTIFIED PAST PRECEDENTS AND USED THEM AS A BASIS FOR DECIDING SUBSEQUENT CASES AND DEVELOPED A SYSTEM OF INTERNAL APPELLATE REVIEW TO IDENTIFY AND RECONSIDER INCONSISTENT JUDGMENTS. A RECORD WAS CREATED WHICH ENABLED EVALUATION OF THE BOARD'S DECISION MAKING PERFORMANCE. AFTER ANALYSIS OF THE BOARD'S PROCEDURES, THIS ARTICLE SUGGESTS MEASURES WHICH MAY BE USEFUL TO THE SENTENCING PROCESS EXPANDING ON BOARD USAGE OF BASELINE FORMULAS, MITIGATING AND AGGRAVATING FACTORS, THE USE OF CASE PRECEDENTS, APPELLATE REVIEW, AND COMPUTER-AIDED ANALYSIS OF CONSISTENCY. (AUTHOR ABSTRACT MODIFIED)