NCJ Number
11946
Journal
Georgetown Law Journal Volume: 62 Issue: 1 Dated: (OCTOBER 1973) Pages: 1-59
Date Published
1973
Length
59 pages
Annotation
PROPOSAL OF A NEW MODEL OF CRIMINAL DISPOSITIONS WHICH WOULD REPLACE OFFICIAL DISCRETION AT SENTENCING WITH JUDICIALLY CREATED STANDARDS FOR SENTENCING OFFICIALS.
Abstract
IN PART I THE AUTHOR OUTLINES THE ROLE OF THE APPELLATE JUDICIARY IN DEVELOPING AN INTEREST ANALYSIS TO ENUNCIATE STANDARDS TO GUIDE CRIMINAL DISPOSITIONS. IN PARTS II AND III HE EXAMINES THE ROLES OF ADMINISTRATIVE AGENCIES AND LEGISLATURES IN PERFECTING THE DISPOSITIONAL PROCESS UNDER STANDARDS INITIALLY ARTICULATED BY THE JUDICIARY. THE ARTICLE EMPHASIZES THE CONCEPT OF INDIVIDUAL LIBERTY AS A CENTRAL VALUE OF SOCIETY AND SHOWS HOW A NEW SYSTEM OF CRIMINAL DISPOSITIONS CAN ENHANCE THAT VALUE AS A GOAL OF THE CRIMINAL LAW. (AUTHOR ABSTRACT)