NCJ Number
55376
Journal
CRIMINAL LAW BULLETN Volume: 15 Issue: 2 Dated: (MARCH/APRIL 1979) Pages: 151-156
Date Published
1979
Length
6 pages
Annotation
THE USE OF CRIMINOLOGISTS AS EXPERT WITNESSES OR INVESTIGATORS IN THE FASHIONING OF CRIMINAL SENTENCES IS DISCUSSED.
Abstract
THERE ARE SEVERAL WAYS IN WHICH CRIMINOLOGISTS CAN TAKE PART IN THE SENTENCING PROCESS. CRIMINOLOGISTS HIRED BY DEFENDANTS CAN WORK WITH PROBATION STAFF, EXCHANGING INFORMATION AND VIEWS TO ARRIVE AT AN APPROPRIATE SENTENCE RECOMMENDATIONS, OR CAN PRESENT TESTIMONY IN COURT. SENTENCING JUDGES CAN REQUEST TESTIMONY FROM CRIMINOLOGISTS. JURISDICTIONS THAT PROVIDE INVESTIGATIVE FUNDS FOR INDIGENT DEFENDANTS MIGHT CONSIDER RETAINING CRIMINOLOGISTS AS SENTENCING EXPERTS. CRIMINOLOGISTS MIGHT BE PARTICULARLY USEFUL TO LAW GUARDIANS IN JUVENILE COURTS. BROUGHT IN DURING THE EARLY PHASES OF A JUVENILE CASE, A CRIMINOLOGIST MIGHT BE ABLE TO AVOID THE FILING OF A DELINQUENCY PETITION. ONE CALIFORNIA CRIMINOLOGIST BEGAN HIS CAREER AS A SENTENCING COUNSELOR IN 1969, WHEN HIS ADVICE TO AN ATTORNEY FRIEND REGARDING THE SENTENCING OF ONE OF THE ATTORNEY'S CLIENTS PROVED USEFUL. SINCE THAT TIME, THE CRIMINOLOGIST HAS BECOME A SEASONED VETERAN OF THE SENTENCING PROCESS. WHEN HE IS HIRED (AT $100 TO $150 PLUS COSTS), HE INTERVIEWS THE CONVICTED OFFENDER, EXAMINES ALL CASE-RELATED FACTS AND AVAILABLE INFORMATION ON THE OFFENDER, AND DRAWS UPON HIS KNOWLEDGE OF COMMUNITY CORRECTIONAL RESOURCES TO DEVELOP SENTENCING RECOMMENDATIONS. HE ESTIMATES THAT 71 PERCENT OF HIS CLIENTS HAVE NOT BEEN REARRESTED. THE CRIMINOLOGIST HAS FOUND THAT, ALTHOUGH SOME PROBATION WORKERS AND JUDGES VIEW HIM AS A THREAT, HIS WORK USUALLY IS ACCEPTED AS AN AID BOTH TO OVERWORKED PROBATION STAFF AND JUDGES WHO VIEW SENTENCING AND DISPOSITION AS THEIR MOST DIFFICULT TASK. (LKM)