NCJ Number
75775
Editor(s)
P S Ring
Date Published
1977
Length
25 pages
Annotation
Background information on methods of sentencing in criminal cases is provided for members of Alaska's legislature.
Abstract
A report on presumptive sentencing includes a review of the 1976 study, 'Fair and Certain Punishment,' which presents a picture of current sentencing practices across the country, the serious problems associated with them, and proposed alternatives. All the alternatives are found to be less than satisfactory. Based on this study, a guide for legislative action prior to the enactment of a presumptive sentencing system is presented. It calls for the breaking down of substantive crimes into subcategories which reflect degrees of severity, the establishing of terms of sentence for each subcategory, and the development of a formula for dealing with repeaters and with aggravating and mitigating circumstances. A paper on sentencing standards in Alaska consists primarily of excerpts from Supreme Court Justice Robert C. Erwin's article, 'Five Years of Sentence Review in Alaska.' Following the presentation of these excerpts it is suggested that the legislature may wish to consider sentencing criteria set forth in Alaska case law should it decide to pursue a presumptive sentencing bill. A final paper discusses a series of proposals that acknowledged experts have advanced concerning the reform of the laws governing sentencing. Among these are proposals from the American Bar Association (ABA Standards), the National Council on Crime and Delinquency (Model Sentencing Act), the American Law Institute (Model Penal Code), and the 1967 President's Commission on Law Enforcement and Administration of Justice. Special emphasis is placed on the use and allocation of sentencing authority. Footnotes with references are included.