NCJ Number
79446
Date Published
1981
Length
0 pages
Annotation
Judge Harold Greene speaks about standardized sentencing guidelines, judicial discretion in sentencing, and sentencing reform.
Abstract
The present method of sentencing involves wide judicial discretion, whereby the maximum number of years is specified for a certain offense, but the minimum number of years that must be served remains unspecified. It also makes wide use of parole. The reform movement in sentencing would abolish the parole system and the broad judicial discretion now allowed and replace these with uniform sentences for specified crimes. Arguments for and against such reform are discussed. The abolishment of judicial discretion would eliminate the numerous variables that a judge considers before handing down a sentence, such as the offender's past history, extenuating circumstances, etc. However, some jurisdictions are modifying uniform sentences by listing sentencing guidelines and extenuating circumstances in order to allow judges some discretion. The basic choice is between trust in the good sense of judges and rigid guidelines that allow no flexibility. One suggestion is that at the time of sentencing the judge should articulate his/her purpose of the sentence so that all future decisions regarding that offender can be more easily made. Questions and answers conclude the talk.