NEW LOOK AT SENTENCING, PART 1

• NCJ Number: 26251
• Journal: Federal Probation Volume: 38 Issue: 2 Dated: (JUNE 1974) Pages: 3-8
• Author(s): R A MCGEE
• Date Published: 1974
• Length: 6 pages
• Corporate Author: Administrative Office of the United States Courts
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE AUTHOR REVIEWS THE GROWING DISSATISFACTION WITH THE SENTENCING FUNCTION IN CRIMINAL JUSTICE SYSTEMS IN THE U.S. AND OTHER WESTERN COUNTRIES, AND INTRODUCES A PROPOSED ALTERNATIVE SENTENCING SYSTEM FOR CALIFORNIA.

Abstract

INDETERMINACY IN SENTENCING AND DELEGATION OF WIDE DISCRETIONARY POWERS TO PAROLE BOARDS ARE QUESTIONED ON BOTH PHILOSOPHICAL AND CONSTITUTIONAL GROUNDS, AS EVIDENCED BY THE EXPLOSION OF CASE LAW IN THIS AREA, HE STATES. CONTEMPORARY DEVELOPMENTS SEEM TO FORESHADOW THE RETURN OF THE TOTAL SENTENCING FUNCTION TO THE JUDICIARY UNDER A PLAN WHICH WILL ALLEVIATE THE PROBLEM OF DISPARITY OF SENTENCES IMPOSED BY TRIAL COURT JUDGES. SUCH A PLAN MUST BE DEVISED SO AS TO (1) PROTECT THE PUBLIC, (2) PRESERVE THE RIGHTS OF INDIVIDUALS, AND (3) SATISFY REASONABLE MEN THAT IT IS FAIR, CONSISTENT, INCORRUPTIBLE, AND CONSTITUTIONAL. THE PROPOSED SENTENCING SYSTEM INTRODUCED IN THIS ARTICLE IS EXPLAINED IN A SUBSEQUENT ARTICLE. SEE NCJ-16942. (AUTHOR ABSTRACT MODIFIED)