NCJ Number
50742
Journal
International Journal of Law and Psychiatry Volume: 1 Issue: 1 Dated: (JANUARY 1978) Pages: 63-77
Date Published
1978
Length
15 pages
Annotation
A HISTORICAL OVERVIEW IS PRESENTED OF THE ROLE OF DISCRETION IN SENTENCING. DISCUSSIONS OF THE RECENT ROLE PLAYED BY PSYCHIATRY IN THE SENTENCING PROCESS AND ITS UNCERTAIN FUTURE IN THIS AREA FOLLOW.
Abstract
AS GREATER DISCRETION WAS ACCORDED JUDGES AND PAROLE BOARDS, PSYCHIATRY BECAME MORE INFLUENTIAL IN DETERMINING THE DURATION OF CRIMINAL SENTENCES. PSYCHIATRY ASSUMED AN IMPORTANT ROLE AS RELATIVELY INDETERMINATE SENTENCING, WITH ITS MANIFOLD VARIATIONS, BECAME THE PRIMARY MECHANISM OF SENTENCING THROUGHOUT THE UNITED STATES. VOCAL REACTION AGAINST EXCESSES OF DISCRETION, DISPARITY, AND INDETERMINANCY, HOWEVER, IS OCCURRING, AND THERE IS A CALL FOR THE RETURN TO RELATIVELY FIXED, CERTAIN, AND EQUITABLE SENTENCES. SEVERAL STATE LEGISLATURES REDUCED THE DISCRETION OF PAROLE BOARDS AND OTHER RELEASING AUTHORITIES SIGNIFICANTLY, AND THE CONGRESS HAS BEFORE IT BILLS TO CURTAIL THE DEGREE OF DISCRETION EXERCISED BY SENTENCING JUDGES. THE CONTINUED ROLE OF PSYCHIATRY IN THE SENTENCING PROCESS, THEREFORE, IS UNCERTAIN. THE EMPHASIS IS SHIFTING FROM PRESCRIBING SENTENCES FOR THE LONG TERM BENEFIT OF THE OFFENDER TO ESTABLISHING SENTENCES THAT ACCORD WITH THE CRIME. THE SIGNIFICANCE OF PSYCHIATRY ALMOST SURELY WILL BE DIMINISHED AND ITS ROLE ALTERED AS A RESULT OF THIS SHIFT IN ATTITUDE. THE ROLE OF PSYCHIATRY IN SENTENCING IS EXAMINED IN RELATION TO PRESENTENCING PSYCHIATRIC REPORTS, PRESENTENCING PROBATION REPORTS. AND PRESENTENCING PSYCHIATRIC TESTIMONY. THE INCREASE AND SKEPTICISM CONCERNING DISCRETION, DETERMINACY, AND REHABILITATION IS CONSIDERED. (DEP)