REVIEWING SENTENCING DISCRETION - A METHOD OF SWIFT APPELLATE ACTION

• NCJ Number: 34028
• Journal: UCLA Law Review Volume: 23 Issue: 3 Dated: (FEBRUARY 1976) Pages: 491-500
• Author(s): J D HOPKINS
• Date Published: 1976
• Length: 10 pages
• Corporate Author: UCLA
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

APPELLATE DELAY IN CASES INVOLVING SENTENCING DISPARITY IS DISCUSSED AND THE APPROACH USED BY THE NEW YORK INTERMEDIATE APPELLATE COURTS TO ALLEVIATE THAT DELAY IS DESCRIBED.

Abstract

THE NEW INTERNAL OPERATING PROCEDURE PROVIDES THAT THE MOTION PAPERS, RECORD, AND PRESENTENCE REPORT ARE SUBMITTED TO A FIVE JUDGE PANEL WITHOUT ARGUMENT. THE APPEAL IS ASSIGNED TO ONE OF THE JUDGES WHO PREPARES AND CIRCULATES A REPORT TO OTHER PANEL MEMBERS WITHIN A WEEK WITH A VOTING SLIP ATTACHED. IF ALL FIVE MEMBERS AGREE WITH THE RECOMMENDED DISPOSITION, THE DECISION IS HANDED DOWN WITHIN A WEEK. IF NOT, THE APPEAL IS PLACED ON THE NEXT CONSULTATION CALENDAR TO BE DISCUSSED AND DETERMINED AND A DECISION HANDED DOWN WITHIN THAT WEEK. THE AUTHOR CONCLUDES THAT THE PROCEDURES APPEAR TO BE WORKING WELL AND ARE AN IMPROVEMENT OVER USUAL APPELLATE HANDLING OF SENTENCING REVIEW CASES.