NCJ Number
60062
Journal
Howard Journal of Penology and Crime Prevention Volume: 18 Issue: 2 Dated: (1979) Pages: 100-107
Date Published
1979
Length
8 pages
Annotation
WEAKNESSES AND STRENGTHS IN THE SCOTTISH SENTENCING SYSTEM, AND PROPOSALS FOR REFORM, ARE DISCUSSED BY A SCOTTISH SHERIFF WITH REFERENCE TO THE 1978 BRIDGE REPORT ON JUDICIAL STUDIES.
Abstract
THE BRIDGE REPORT WAS PRODUCED BY THE BRITISH HOME OFFICE AND CHANCELLOR'S OFFICE. THE MAIN WEAKNESS OF THE SCOTTISH SENTENCING SYSTEM IS ABSENCE OF TRAINING FOR SENTENCERS AT ANY LEVEL OF THE CRIMINAL COURT SYSTEM. OPTIONAL BIENNIAL CONFERENCES ARE OF MINIMAL VALUE BECAUSE OF THEIR INFREQUENCY AND THEIR FOCUS ON SENTENCING PRACTICE RATHER THAN THEORY. THE BRIDGE REPORT'S PROPOSALS FOR BOTH INITIAL AND CONTINUING STUDY PROGRAMS ARE THEREFORE COMMENDED. SUCH PROGRAMS SHOULD COVER THEORY, PRACTICE, AND DIRECT OBSERVATION OF PENAL INSTITUTIONS AND SOCIAL WORK. MOREOVER, JUDGES SHOULD BE GIVEN PERIODIC HALF DAYS OR FULL DAYS AWAY FROM THEIR COURT DUTIES TO PROVIDE TIME FOR READING, RESEARCH, AND PERSONAL VISITS TO PENAL AND NONPENAL INSTITUTIONS. A STRENGTH OF THE SCOTTISH SYSTEM IS ITS USE OF DEFERRED SENTENCES, WHICH ARE APPLICABLE IN ABOUT FIVE TO TEN PERCENT OF CASES AND WHICH GIVE THE OFFENDER THE CHANCE TO REDUCE THEIR OWN SENTENCES BY FULFILLING SPECIFIED CONDITIONS. PROPERLY APPLIED, THE DEFERRED SENTENCE COMBINES RETRIBUTION WITH SELF-CONDUCTED REHABILITATION. AN ADDITIONAL PRACTICE WHICH DESERVES WIDER ATTENTION IS THE CHILDREN'S HEARING SYSTEM WHICH HAS LARGELY REPLACED COURT PROSECUTION OF CHILDREN UNDER 16 YEARS OLD. APPLYING THIS SYSTEM TO ADULTS SHOULD BE EXPLORED. FINALLY, A NEW APPROACH THAT DESERVES STUDY IS ESTABLISHMENT OF LOCAL SENTENCING BOARDS ANALOGOUS TO PAROLE BOARDS. PROFESSIONAL JUDGES WOULD BE MEMBERS OF SUCH BOARDS. THESE BOARDS, WHICH WOULD OPERATE UNDER A NATIONAL SENTENCING AUTHORITY, WOULD PERMIT INTERDISCIPLINARY, COLLECTIVE SENTENCING DECISIONS. SUCH A SYSTEM WOULD PROMOTE SENTENCING FAIRNESS, UNIFORMITY, AND A CONTINUING REVIEW OF THE WHOLE PENAL SYSTEM. ONE REFERENCE IS LISTED. (CFW)