NCJ Number
58504
Journal
NEWS LETTER Volume: 55 Issue: 5 Dated: (JANUARY 1979) Pages: COMPLETE ISSUE
Date Published
1979
Length
4 pages
Annotation
THE NEED FOR SENTENCING REFORM IN CRIMINAL CASES, PROBLEMS WITH CURRENT SENTENCING PRACTICES, AND PROPOSED APPROACHES TO SENTENCING REFORM ARE DISCUSSED.
Abstract
REFORM OF THE PRESENT SENTENCING SYSTEM IS CLEARLY NEEDED, AS IT IS A MIXTURE OF ALL FOUR GOALS OF CRIMINAL SENTENCING--REHABILITATION, DETERRENCE, RESTRAINT, AND RETRIBUTION--A SITUATION WHICH RESULTS IN CONFLICTING, COMPETING GOALS OF CRIMINAL SENTENCING. FURTHER CONFUSION ARISES FROM THE VARIETY OF ALTERNATIVE SANCTIONS AUTHORIZED BY MOST CRIMINAL CODES, WHICH MAY INCLUDE IMPRISONMENT, FINES, PROBATION, SUSPENDED SENTENCE, RESTITUTION, AND DIVERSIONARY PROGRAMS. UNFORTUNATELY, THE GUIDELINES FOR DECIDING THE APPROPRIATENESS OF EACH ALTERNATIVE ARE NOT CLEARLY ARTICULATED. OTHER PROBLEMS WITH CURRENT SENTENCING PRACTICES INCLUDE LENGTH OF PRISON SENTENCES, DISPARITY AMONG OFFENDERS CONVICTED OF SIMILAR OFFENSES, PROCEDURAL UNFAIRNESS IN THE SENTENCING PROCESS, AND DISPARITY BETWEEN TIME AUTHORIZED AND TIME IMPOSED, AS WELL AS BETWEEN TIME IMPOSED AND TIME SERVED. MANY OF THE SPECIFIC PROPOSALS FOR REFORM ARE AIMED AT IMPROVING RATHER THAN CHANGING THE EXISTING SYSTEM; MANY FEEL SUCH REFORM PROPOSALS DO NOT GO FAR ENOUGH. MOST OF THE MORE SWEEPING PROPOSALS ARE BASED ON THE 'JUST DESERTS' MODEL OF PUNISHMENT FOCUSING ON DETERMINATION OF THE APPROPRIATE SENTENCE FOR THE CRIME COMMITTED AND REQUIRING THE DEFENDANT TO SERVE THE FULL SENTENCE. PRESUMPTIVE SENTENCING, HOWEVER, MAY HOLD THE GREATEST PROMISE FOR ACHIEVING A WORKABLE BALANCE BETWEEN THE DESIRE FOR FLEXIBILITY IN SENTENCING AND THE NEED TO AVOID THE ARBITRARINESS THAT ACCOMPANIES THE WIDE DISCRETION GIVEN JUDGES AND JURIES UNDER THE EXISTING SYSTEM. PRESUMPTIVE SENTENCING REQUIRES THAT EITHER THE LEGISLATURE OR A SENTENCING COMMISSION ESTABLISH A 'PRESUMPTIVE SENTENCE' FOR EACH OFFENSE, AND JUDGES AND JURIES ARE REQUIRED TO SENTENCE WITHIN THAT RANGE UNLESS A DEVIATION CAN BE JUSTIFIED. FOOTNOTES ARE PROVIDED. (LWM)