NCJ Number
38716
Journal
Judicature Volume: 60 Issue: 5 Dated: (DECEMBER 1976) Pages: 208-215
Date Published
1976
Length
8 pages
Annotation
SENATOR EDWARD M. KENNEDY REVIEWS THE EFFECTS OF THE TOTAL ABSENCE OF ANY PRESCRIBED GUIDELINES TO AID JUDGES IN SENTENCNG AND THE WIDE DISPARITY IN THE SENTENCES JUDGES IMPOSE AND SUGGGESTS THE NEED FOR REFORM.
Abstract
HE OUTLINES THE PROVISIONS OF A SENATE REFORM BILL, THE SENTENCING GUIDELINES BILL (S. 2669, 94TH CONGRESS, 2D SESSION), WHICH WOULD ARTICULATE THE GENERAL PURPOSES AND GOALS OF SENTENCING THE JUDGE SHOULD CONSIDER BEFORE IMPOSING A SENTENCE OF IMPRISONMENT. IT ALSO PROVIDES FOR APPELLATE REVIEW OF SENTENCES, CREATES A UNITED STATES COMMISSION ON SENTENCING TO ESTABLISH SPECIFIC, FIXED SENTENCING RANGES FOR SIMILAR DEFENDANTS COMMITTING SIMILAR CRIMES, AND REQUIRES SENTENCING JUDGES TO IMPOSE A SENTENCE WITHIN THE COMMISSION-ESTABLISHED RANGE OR SUBMIT WRITTEN JUSTIFICATION. THE BILL ADOPTS THE CONCEPT OF IMPRISONMENT AS 'PUNISHMENT,' NOT 'REHABILITATION,' AND CONCENTRATES ON THE OTHER MAJOR JUSTIFICATIONS FOR IMPOSING A TERM OF IMPRISONMENT - INCAPACITATION, SPECIFIC DETERRENCE, GENERAL DETERRENCE AND RETRIBUTION.