NCJ Number
80338
Date Published
1981
Length
729 pages
Annotation
This casebook about criminal sanctions discusses their origins, objectives, procedures for imposition (sentencing), and methods for their execution (corrections). Selections include statutes, court decisions, administrative regulations and reports, excerpts from actual criminal proceedings, and policy papers. The text is designed for both criminal justice and law school students.
Abstract
Historical approaches to sanctions are reviewed, along with two current approaches (judicial and psychiatric) and the objectives of sanctions (deterrence, incapacitation, rehabilitation, retribution, and restitution). Special attention is given to the sentencing structure and actors in the sentencing process, the interrelationships among the judicial, legislative, and executive branches of government, and the changes in the balance of power among these branches. An examination of the presentence process covers sentencing goals and processes and the presentence report, while a chapter on the sentencing hearing discusses the right to a hearing, the role of the defense, the prosecutor at sentencing, review of the sentence, and plea bargaining. Two chapters focus on designing the sentence for the type of offender and kind of offense, aggravated and mitigating factors, and current sanctions in the United States. Other chapters discuss the mental health and juvenile justice systems; extinct sanctions and the death penalty; and incarceration both in England and the United States. An examination of corrections in the community reviews conventional sanctions (fines and probation) and alternative dispositions (limited confinement, suspended sentence, restitution, community service, and diversion). A consideration of conditional and restored liberty discusses the status of conditional liberty, success and failures of probation, and the rights of ex-offenders in reference to restored liberty. Sentencing reform is highlighted in a discussion of judicial and statutory disparity, indeterminate sentences and parole disparity, and sentencing severity. Furthermore, the problems of dangerousness, recidivism, and the limits of treatment are addressed. A final chapter presents nine practice cases in sentencing and corrections. Tables, footnotes, over 100 annotated chapter references, a discussion of United States v. DiFrancesco, tables of cases and authors, and an index are provided.