NCJ Number
58165
Journal
Georgetown Law Journal Volume: 67 Issue: 4 Dated: (APRIL 1979) Pages: 1005-1021
Date Published
1979
Length
17 pages
Annotation
A CRITIQUE OF JOHN COFFEE'S ANALYSIS OF SENTENCING GUIDELINES, QUESTIONS HIS EGALITARIAN SENTENCING PHILOSOPHY AND URGES GREATER USE OF PREDICATIVE VARIABLES IN SENTENCING GUIDELINES.
Abstract
IN THE EARLY 1970'S PAROLE OR SENTENCING GUIDELINES WERE DEVELOPED TO REDUCE DISPARITY IN SENTENCING DECISIONS AND TO ESTABLISH CONTROL OVER SENTENCING. CONTROL OVER SUCH A LARGE GOVERNMENTAL OPERATION, MANAGED BY TRIAL JUDGES ANSWERABLE TO NO PERSON OR LAW, RAISES IMPORTANT QUESTIONS OF POLITICS, POWER, AND PHILOSOPHY. COFFEE IS CORRECT IN ASSERTING THAT SENTENCING COMMISSIONS NEED TO PROPERLY USE GUIDELINES AND TO PREVENT ABUSE OF THIS POWERFUL TECHNOLOGY. COFFEE'S EGALITARIAN MODEL CLEARLY CANNOT BE BASED ON JOHN RAWL'S JUSTICE-AS-FAIRNESS THEORY (1971). ATTEMPTS TO EMBODY A PHILOSOPHY SUCH AS COFFEE'S COULD LEAD TO UNACCEPTABLE RESULTS. ALTHOUGH SENTENCING THEORY AND PRACTICE OVERLAP WITH PUNISHMENT PHILOSOPHY THE TWO ARE NOT COTERMINOUS. PENAL PHILOSOPHIES MAY HAVE MADE THEMSELVES IRRELEVANT TO THE CONCERNS OF SENTENCING AGENCIES. AN EXAMINATION OF HOW SENTENCING GUIDELINES SHOULD BE CONSTRUCTED LEADS TO THE CONCLUSION THAT RESEARCHERS SHOULD BUILD A SENSIBLE MODEL AND ONLY RUN A STEPWISE REGRESSION FOR THE BENEFIT OF GIVING POLICYMAKERS INFORMATION ABOUT THE OVERLAP OF VARIABLES. IT IS ARGUED THAT SMALL GROUPS WITH RULEMAKING POWER AND OBLIGATIONS TO CONSIDER PUBLIC COMMENT ARE THE BEST TYPE OF SENTENCING COMMISSIONS STRUCTURE TO SUMMARIZE, EVALUATE, AND CHANGE OR SUGGEST IN SENTENCING. EVEN THOUGH PREDICTION METHODS ARE STILL TOO CRUDE TO BE SAFELY USED IN SENTENCING, DECISIONMAKERS SHOULD BE AWARE OF CHANGES IN SUCH METHODS. PROBLEMS ASSOCIATED WITH USING SUCH STATUS FACTORS AS RACE OR CLASS ARE EXAMINED. REFERENCES ARE INCLUDED. (KCP)