NCJ Number
37523
Journal
Fordham Law Review Volume: 45 Issue: 1 Dated: (OCTOBER 1976) Pages: 76-91
Date Published
1976
Length
16 pages
Annotation
SECTION 70.06 OF THE NEW YORK PENAL LAW (1973) PROVIDES FOR MORE SEVERE PENALTIES FOR PREVIOUSLY CONVICTED FELONY DEFENDANTS.
Abstract
THIS NOTE EVALUATES THE PROSPECTS FOR THIS AMENDMENT'S SUCCESS THROUGH A DETAILED EXAMINATION OF PAST APPROACHES IN AN ATTEMPT TO DETERMINE IF THE AMENDMENT IS FREE OF THE PROBLEMS THAT PLAGUED ITS PREDECESSORS. ONE OF THE MOST DIFFICULT PROBLEMS IS DETERMINING WHICH PRIOR OFFENSES CAN BE COUNTED FOR PURPOSES OF THE HABITUAL OFFENDER STATUTES. THE PHILOSOPHIES EMPLOYED CAN BE BROKEN DOWN INTO THREE GENERAL CATEGORIES: THE INTERNAL VIEW (GIVING NO EFFECT TO FOREIGN CONVICTIONS); THE LIMITED INTERNAL VIEW (EXAMINING EACH OUT-OF-STATE CONVICTION IN TERMS OF LOCAL LAW); AND THE EXTERNAL VIEW (ACCEPTING THE DETERMINATION OF THE FOREIGN CONVICTION). IT IS CONTENDED THAT THERE IS A BASIC DISCREPANCY BETWEEN THE GOALS BEHIND RECIDIVIST STATUTES (PROTECTION OF SOCIETY AND PUNISHMENT OF RECIDIVISM) AND THE MANNER IN WHICH THE NEW YORK LEGISLATURE HAS GONE AND IS GOING ABOUT REACHING THESE GOALS, I.E., CONCENTRATING ON THE QUANTITY OF CONVICTIONS. ALTERNATIVES FOR CHANGE ARE POSTULATED, INCLUDING TITLE X OF THE ORGANIZED CRIME CONTROL ACT AND THE 1972 MODEL SENTENCING ACT, WHICH FOCUS ON DETERMINING THE CHARACTER OF THE DEFENDANT.