NCJ Number
31860
Date Published
1975
Length
75 pages
Annotation
A FINAL REPORT AND SERIES OF RECOMMENDATIONS PRODUCED BY THIS COMMITTEE WHICH WAS ESTABLISHED TO ANALYZE THE CUYAHOGA COUNTY SENTENCING PROCESS, DEFINE THE PURPOSE OF SENTENCING, AND INVESTIGATE SENTENCING DISPARITY.
Abstract
A DESCRIPTION OF THE COMMITTEE OPERATIONS AND THE FORMATION OF THE COMMITTEE IS FIRST PROVIDED. THE REPORT THEN PRESENTS AN ANALYSIS OF FIVE COMPETING SENTENCING PHILOSOPHIES WHICH DICTATE THE CONDUCT OF THE KEY LEGISLATIVE AND CRIMINAL JUSTICE AGENCIES INVOLVED IN THE PROCESS. THIS ANALYSIS IS FOLLOWED BY A DISCUSSION OF THE WAYS IN WHICH THESE KEY AGENCIES ARE CALLED UPON TO EXERCISE DISCRETION OR TO DELEGATE THE EXERCISE OF DISCRETION. A RATIONALE IS SUGGESTED FOR THE DEVELOPMENT OF PROGRAM SOLUTIONS TO MINIMIZE THE POTENTIAL FOR POSSIBLE ABUSE OF DISCRETION IN THE SENTENCING PROCESS. THE ISSUE OF THE EXERCISE OF DISCRETION IS THEN RELATED TO THE SPECIFIC ACTIVITIES AND RESPONSIBILITIES OF THE ACTORS IN THE LOCAL CRIMINAL JUSTICE PROCESS, AND VARIOUS FACTORS ARE IDENTIFIED WHICH INFLUENCE THESE INDIVIDUALS AND AGENCIES IN THE EXERCISE OF THIS DISCRETION. BASED ON THE COMMITTEE'S ANALYSIS, A SERIES OF RECOMMENDATIONS ARE PROPOSED WHICH WERE DESIGNED TO ADDRESS THE IDENTIFIED PROBLEMS THROUGH ESTABLISHMENT OF PROGRAMS DESIGNED TO EXPRESSLY DEFINE WHAT IS INVOLVED IN POTENTIAL SENTENCING DISPARITY AND TO SET INTO MOTION MECHANISMS TO MINIMIZE THE POTENTIAL FOR UNWARRANTED DISPARITY. THESE RECOMMENDATIONS COVER THE NEED FOR PUBLIC EDUCATION AND INFORMATION PROGRAMS FOR SYSTEM PERSONNEL AND THE GENERAL PUBLIC; PRESENTENCE REPORTS; THE NEED FOR IMPROVED PRETRIAL AND TRIAL PROCEDURES; LEGISLATION PROVIDING FOR SHORT, MANDATORY SENTENCES; AND ESTABLISHMENT OF A STANDING COMMITTEE TO REVIEW AND EVALUATE THE SENTENCING PROCESS. THE APPENDIXES INCLUDE RELEVANT NEWSPAPER CLIPPINGS, A LIST OF REFERENCE MATERIALS, A SAMPLE PRESENTENCE REPORT, AND A LIST OF STATUTORY CRITERIA FOR SENTENCING. (AUTHOR ABSTRACT MODIFIED)