NCJ Number
53502
Date Published
1978
Length
122 pages
Annotation
THIS COLLECTION OF PAPERS FROM AN AUSTRALIAN SEMINAR COVERS SENTENCING DISPARITY IN THE LOWER COURTS, THE USE OF VIDEOTAPED SIMULATIONS IN SENTENCING RESEARCH, THE PROBLEMS OF THE JUDGE, AND SENTENCING ALTERNATIVES.
Abstract
THESE PAPERS IDENTIFY MANY FACTORS ASSOCIATED WITH APPARENT DISPARITY IN SENTENCES. THE FIRST TWO PAPERS COVER THE CONFLICTS IN PURPOSE OFTEN FOUND IN SENTENCING AND REPORT ON A STUDY WHICH FINDS THAT COURT OFFICIALS' BACKGROUNDS PROFOUNDLY AFFECT THEIR SENTENCING DECISIONS. THIS STUDY ALSO FINDS THAT GROUP DISCUSSION IS NOT EFFECTIVE IN CHANGING A MAGISTRATE'S OR JUSTICE'S VIEWPOINT ON SENTENCING. PAPERS BY A JUDGE AND A MAGISTRATE POINT OUT THAT SENTENCING DISPARITIES OFTEN ARISE BECAUSE OF INADEQUATE REPORTING OF FACTS DURING A TRIAL OR A LACK OF INFORMATION IN THE PRESENTENCE REPORT. THESE PAPERS ALSO EXAMINE PROBLEMS CAUSED BY PIECEMEAL CHANGES IN THE LAW, THE EROSION OF VALUES OVER TIME, AND BASIC PROBLEMS WITH TRIAL PROCEDURES. A LENGTHY SECTION DISCUSSES ALTERNATIVES TO TRADITIONAL INCARCERATION AND PAROLE POLICIES. THE FINAL PAPER DISCUSSES THE IMPACT OF GRIFFITHS V. THE QUEEN (1977), WHICH EMPHASIZES THE IMPORTANCE OF DUE PROCESS DURING THE SENTENCING PROCEDURE. MOST OF THE PAPERS CONTAIN FOOTNOTES. (GLR)