CRIME AND PUNISHMENT IN NEW YORK - AN INQUIRY INTO SENTENCING AND THE CRIMINAL JUSTICE SYSTEM

• NCJ Number: 63184
• Author(s): ANON
• Date Published: 1979
• Length: 236 pages
• Corporate Author: New York Governor's Executive Advisory Cmtte on Sentencing
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

NEW YORK'S INDETERMINATE SENTENCING SYSTEM IS ANALYZED AND FOUND FLAWED IN THEORY AND PRACTICE. ITS REPLACEMENT WITH A SYSTEM OF SENTENCING GUIDELINES IS RECOMMENDED, TOGETHER WITH SOME JUDICIAL DISCRETION RESTRICTIONS.

Abstract

THE NEW YORK STATE ADVISORY COMMITTEE ON SENTENCING FOUND THE PRESENT SENTENCING LAWS IN NEED OF REFORM, ESPECIALLY WITH REGARD TO THE EXCESSIVE DISCRETIONARY POWERS OF JUDGES, PAROLE BOARDS, AND PROSECUTORS. THE PRESENT SYSTEM OF INDETERMINATE SENTENCING BY JUDGES DIFFERING IN PERSONALITY AND VIEWPOINT CREATES SENTENCE DISPARITY; ITS UNPREDICTABILITY BREEDS CYNICISM AND BEWILDERMENT IN THE GENERAL PUBLIC, REDUCES THE DETERRENT POWER OF SENTENCING BY ITS UNCERTAINTY, AND IS UNFAIR TO ALL PARTIES INVOLVED. THE COMMITTEE RECOMMENDS THAT JUDICIAL DISCRETION BE LIMITED (ALTHOUGH NOT ABOLISHED) BY THE REQUIREMENT THAT SENTENCING FOLLOWS A SET OF GUIDELINES ESTABLISHED BY AN APPOINTED, INDEPENDENT COMMISSION OF EXPERTS, WHO WOULD ALSO MONITOR THEIR OPERATION AND ALTER THEM PERIODICALLY, IF NEEDED. JUDGES WOULD RETAIN LIMITED DISCRETION IN DEPARTING FROM THE SENTENCING GUIDELINES, BUT WOULD BE REQUIRED TO JUSTIFY EACH SENTENCE WITH FINDINGS OF FACT. THE SENTENCE THUS PASSED WOULD BE SUBJECT TO APPELLATE COURT REVIEW. A BASIC GUIDELINE WOULD BE THE APPLICATION OF THE LEAST SEVERE SANCTION NECESSARY TO ACHIEVE LEGITIMATE SENTENCING GOALS, AVOIDING CONFINEMENT WHENEVER POSSIBLE. THE PRESENT DISCRETIONARY RELEASE POWERS OF THE PAROLE BOARD WOULD BE LIMITED TO INMATES SENTENCED UNDER THE PRIOR INDETERMINATE SYSTEM. PAROLE RELEASE ITSELF WOULD BE ABOLISHED, BUT THE PAROLE BOARD WOULD EXERCISE POSTRELEASE SUPERVISION TO REDUCE RECIDIVISM. OTHER RECOMMENDATIONS OF THE COMMITTEE CALLED FOR THE MAINTENANCE OF THE GOOD-TIME SENTENCE REDUCTION SYSTEM FOR INMATES OBSERVING INSTITUTIONAL RULES; CONTINUED EMPHASIS ON INMATE REHABILITATION AND PHASED SOCIAL REINTEGRATION; AND EXPANSION OF ALTERNATIVES TO INCARCERATION BEYOND THE CURRENT LIMITED OPTIONS (CHIEFLY PROBATION) TO INCLUDE RESTITUTION, DAY FINES, AND COMMUNITY SERVICE ORDERS. FOOTNOTES ARE INCLUDED.