Determinant Sentencing: The Experiment That Went Awry (From Critical Issues in Crime and Justice, P 217-231, 1994, Albert R Roberts, ed. -- See NCJ-149851)

• NCJ Number: 149864
• Author(s): N G Holten; R Handberg
• Date Published: 1994
• Length: 15 pages
• Sale Source: Sage Publications, Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Sentencing policy is viewed as one of the most difficult tasks of government; establishing equity in sentencing while protecting society from criminals involves a balancing act of diverse elements that often leads to apparent inequities.

Abstract

Structuring sentencing policy to eliminate disparities has led to determinate sentencing systems where outcome uniformity is the goal. Because determinate sentencing systems do not always resolve the disparity problem, however, sentencing guidelines have been proposed. Systems based on sentencing guidelines have also encountered difficulties, and formulating an effective sentencing policy continues to be a difficult process. Nonetheless, there are several approaches to reducing unwarranted sentencing disparities. They include appellate sentence review, the establishment of sentencing councils, and the adoption of mandatory minimum sentences for selected offenses. Both determinate sentencing and sentencing guidelines are controversial among criminal justice practitioners because they reduce judicial discretion. 12 references