NCJ Number
105006
Journal
Pennsylvania Bar Association Quarterly Volume: 58 Issue: 1 Dated: (January 1987) Pages: 26-36
Date Published
1987
Length
11 pages
Annotation
A judge discusses underlying reasons for Pennsylvania's mandatory sentencing system enacted in 1982-83 and compares this system with the current nonmandatory sentencing process that is directed by statute, case law, and the criminal rules.
Abstract
The legislative debate records do not reveal reasons for mandatory sentencing, but passage of the laws probably was motivated by public concern that judges were not being severe enough in their sentencing practices and by a backlash to the revolution in defendants' rights. The article explains controls other than mandatory sentencing laws that are imposed on judges, such as legislative categories of crimes, appellate court decisions, the Rules of Criminal Procedure and the Pennsylvania Sentencing Code. This discretionary sentencing system is contrasted with the mandatory system to show that the two effect similar kinds of criminal conduct and may not be compatible. Attitudes of defendants, defense counsels, prosecutors, and judges toward mandatory sentencing are explored. The author concludes that the mandatory system is indiscriminately unfair. In order to guarantee severe punishment for severe offenders, some persons are too harshly treated, and the adversary system of justice is weakened. 43 footnotes.