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PHILOSOPHY OF SENTENCING AND DISPARITY OF SENTENCES

NCJ Number
28071
Author(s)
W B COMMON; A W MEWETT
Date Published
1969
Length
31 pages
Annotation
THIS REPORT OUTLINES CURRENT SENTENCING PROCEDURES AND CORRECTIONAL ALTERNATIVES IN CANADA, AND EXAMINES THE CAUSES OF THE APPARENT DISPARITY IN THE DISPOSITION OF PERSONS CONVICTED OF CRIMINAL OFFENSES.
Abstract
THE REPORT OPENS WITH A DISCUSSION OF THE NATURE AND PURPOSE OF PUNISHMENT IN MODERN CORRECTIONAL SYSTEMS. POSSIBLE EFFECTS OF PUNISHMENT ON THE OFFENDER ARE LISTED, AND THE ROLE OF PUNISHMENT IN RELATION TO THE OBJECTIVES OF SENTENCING IS EXAMINED. IN DISCUSSING ISSUES OF UNIFORMITY AND DISPARITY OF SENTENCING, IT IS NOTED THAT THE ISSUE IS NOT TO RETURN TO A SYSTEM OF UNIFORM SENTENCES, BUT TO DEVISE A SYSTEM OF UNIFORM SENTENCING PRINCIPLES. PROBLEMS IN ACHIEVING SENTENCING UNIFORMITY UNDER THE PRESENT STATUTORY AND ADMINISTRATIVE PROVISIONS ARE NOTED. THE MERITS OF IMPROVED OFFENDER CLASSIFICATION METHODS FOR REDUCING SENTENCING DISPARITY ARE EXAMINED AS WELL. SUCH SENTENCING ALTERNATIVES AS DISCHARGES, PROBATION, FINES, IMPRISONMENT, DETENTION CENTERS, AND ATTENDANCE CENTERS ARE EXAMINED. FINALLY, THE AUTHORS PRESENT GUIDELINES FOR ACHIEVING EQUITABLE SENTENCES AND MAINTAINING UNIFORMITY OF SENTENCING PRINCIPLES.

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