NCJ Number
92034
Journal
New England Journal on Criminal and Civil Confinement Volume: 9 Issue: 2 Dated: (Summer 1983) Pages: complete issue
Editor(s)
D N Shafer
Date Published
1983
Length
64 pages
Annotation
Articles deal with a Federal judge's view of sentencing, an individualized sentencing plan, sentencing based in task performance, and the benefits of restitution; a note examines the results of a plea bargaining ban in a New Hampshire county, and a case comment explores capital punishment for juveniles, while sections on recent cases and book reviews focus on sentencing issues.
Abstract
In presenting his approach to sentencing a Federal judge uses the standard of being fair to the defendant while serving the public interest. The information presented at the sentencing hearing is discussed as being crucial to achieving these objectives. Another article describes the Client Specific Plan, a service provided by the National Center on Institutions and Alternatives which involves the development of a sentence plan for a specific client, with the emphasis on creative and flexible sentences that aim at avoiding the debilitating effects of imprisonment. A third article argues that imprisonment should be used only in those cases where participation in a community restitutive program is impossible because of the dangerousness of the offender, and details of alternative restitution programs are examined. The article that discusses the performance contingent model for sentencing considers the development of sentences that creatively combine punishment and positive activities in a client specific and goal-oriented plan. The note on New Hampshire's ban on plea bargaining in one county concludes that although sentence bargaining has been eliminated, charge bargaining has not and cannot be eliminated. The failure of the ban to improve the quality of justice while costs have increased is noted. The sentencing-relevant cases examined are the U.S. Supreme Court decision in Eddings v. Oklahoma, Commonwealth v. Gagnon (Massachusetts), and Missouri v. Hunter. Footnotes are provided for each presentation. For individual entries, see NCJ 92035-39.