GOOD INTENTIONS GONE AWRY - A PROPOSAL FOR FUNDAMENTAL CHANGE IN CRIMINAL SENTENCING

• NCJ Number: 37558
• Journal: Washington Law Review Volume: 51 Issue: 3 Dated: (JULY 1976) Pages: 529-563
• Author(s): C T BAYLEY
• Date Published: 1976
• Length: 35 pages
• Corporate Author: University of Washington
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXAMINES THE SENTENCING PRINCIPLE KNOWN AS THE INDIVIDUAL TREATMENT THEORY, WHICH SUGGESTS THAT TAILORING THE SENTENCE TO THE OFFENDER'S INDIVIDUAL NEEDS WILL RESULT IN REHABILITATION.

Abstract

THE MODEL'S BASIS IN SOCIAL AND MEDICAL THEORY IS IDENTIFIED, AND FALLACIES OF CURRENT SENTENCING PHILOSOPHIES AND PRACTICES ARE ANALYZED. IT IS CONCLUDED THAT THE TREATMENT MODEL IS INAPPROPRIATE BECAUSE IT FAILS TO CONSIDER FUNDAMENTAL PRINCIPLES OF JUSTICE AND THE PURPOSES OF CRIMINAL LAW. AN ALTERNATIVE PROPOSAL FOR SENTENCING, WHICH IS DEPENDENT ON THE RETRIBUTIVE AIM OF THE LAW RATHER THAN THE THEORY OF REHABILITATION, IS SET FORTH.