NCJ Number
89350
Date Published
1979
Length
468 pages
Annotation
This study shows how the sentencing hearing has evolved into a ceremonial proceeding and examines where the hearing ought to be headed.
Abstract
After reviewing the historical basis of sentencing in England and America, which still serves as the model for the current decisionmaking process, the discussion focuses on what the courts have said about hearings in nonsentencing areas. Twelve elements of the sentencing stage are then examined. This includes a survey of sentencing procedures in the 50 States, the District of Columbia, and the Federal courts. The roles of the parties at the sentencing hearing are considered, including the defendant, the defense attorney, the prosecutor, the judge, the probation officer who prepared the presentence report, and the victim. The subsequent section takes an empirical look at the effect of the hearing on any preliminary or prehearing sentencing decisions. The section on sentencing reform and the sentencing hearing explores the sentencing hearing under recently enacted sentencing reform legislation. The future of the sentencing hearing is discussed in the final section. It is expected that increased attention will be given to the sentencing hearing by the courts to ensure that due process procedures are followed. Further, the sentencing hearing should become more open and visible, and measures should ensure that sentencing discretion is exercised in accordance with the policy objectives of the jurisdiction. Whether these objectives are best accomplished by increasing the number of required due process rights at the hearing or expanding the prehearing sentencing process is not yet clear. About 250 references and study instruments are provided.