REFORMING SENTENCING LAWS - AN AMERICAN PERSPECTIVE (FROM NEW DIRECTIONS IN SENTENCING, P 97-116, 1980, BY BRIAN A GROSMAN - SEE NCJ-71049)

• NCJ Number: 69401
• Author(s): J M KRESS
• Date Published: 1980
• Length: 20 pages
• Sale Source: Butterworth
• Language: English
• Country: Canada

Annotation

A COMPARATIVE ANALYSIS IS MADE OF THE VARYING PATTERNS OF SENTENCING LAWS AMONG THE STATES, INCLUDING VARIATIONS IN SENTENCING ALTERNATIVES, PRISON TERMS, SENTENCING STRUCTURES AND GUIDELINES, AND SENTENCING AUTHORITY.

Abstract

SENTENCING ALTERNATIVES AVAILABLE TO JUDGES INCLUDE UNCONDITIONAL DISCHARGE, CONDITIONAL DISCHARGE, FINE, PROBATION, JAIL, SPLIT SENTENCE, INTERMITTENT SENTENCE, SPECIFIC ARRANGEMENTS FOR YOUTHFUL OFFENDERS, PRISON, AND THE DEATH PENALTY. IN ADDITION, THREE VARIATIONS OF SENTENCE IMPOSITION ARE EXECUTION, SUSPENDED, AND DEFERRED. ASSUMING THE DEFENDANT HAS BEEN SENTENCED TO PRISON, JUDGES MAY CHOOSE FROM SIX METHODS FOR DETERMINING THE DATE OF RELEASE UNDER VARYING STATE LAWS: MANDATORY RELEASE, CONDITIONAL RELEASE, PAROLE, ESCAPE, PARDON, AND THE DEATH PENALTY. ALTHOUGH SENTENCING AUTHORITY IS DERIVED FROM THE STATE LEGISLATURES, SENTENCING STRUCTURES AMONG THE STATES EXHIBIT THE FOLLOWING VARIATIONS: (1) MINIMUM SENTENCES, WITH FLEXIBILITY ACCORDED TO THE JUDGE TO SET THE MAXIMUM; (2) MAXIMUM SENTENCE FIXED BY STATUTE, WITH THE SETTING OF THE MINIMUM LEFT TO THE JUDGE OR THE PAROLE AGENCY; (3) THE SETTING OF BOTH THE MAXIMUM AND MINIMUM INDETERMINATE SENTENCE BY THE JUDGE; (4) THE SETTING OF THE MAXIMUM SENTENCE BY THE JUDGE, WHILE THE MINIMUM AMOUNT MAY BE FIXED BY STATUTE; (5) DETERMINATION OF THE MINIMUM FELONY SENTENCE BY THE PAROLING AGENCY; AND (6) ESTABLISHMENT OF THE MAXIMUM ALLOWABLE SENTENCE BY THE PAROLING AGENCY. EIGHT ACTORS OR INSTITUTIONS THAT SHARE EFFECTIVE SENTENCING AUTHORITY WITH THE LOCAL TRIAL COURT JUDGE ARE IDENTIFIED: JURIES (WHEN THE POTENTIAL SENTENCE IS DEATH), PROBATION OFFICERS, PROSECUTORS, SENTENCING COUNCILS, SENTENCING COMMISSIONS, THE APPELLATE COURTS, PAROLE BOARDS, AND THE STATE LEGISLATURES. ALSO DESCRIBED IS THE GROWTH OF SENTENCING GUIDELINES, WHICH PROVIDE JUDGES WITH INFORMATION ON HISTORICAL SENTENCING PATTERNS IN SIMILAR CASES, BUT STILL ALLOW THE JUDGE DISCRETION IN OVERRIDING ANY SUGGESTED SENTENCE. THE ADVANTAGES OF SENTENCING GUIDELINES SYSTEMS AS VEHICLES FOR SENTENCING REFORM ARE DISCUSSED. TABLES AND 29 NOTES ARE PROVIDED.