SENTENCING PROCESS - A NEW EMPIRICAL APPROACH (FROM SEMINAR ON SENTENCING PROCEEDINGS OF THE INSTITUTE OF CRIMINOLOGY, 1978 - SEE NCJ-53502)

• NCJ Number: 53503
• Author(s): R D FRANCIS; I R COYLE
• Date Published: 1978
• Length: 9 pages
• Corporate Author: Institute of Criminology
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

THE FACTORS OPERATING DURING THE SENTENCING PROCESS AND THE REASONS BEHIND SENTENCING DISPARITY ARE EXAMINED. THEN, A VIDEOTAPE TECHNIQUE FOR SENTENCING RESEARCH IS PRESENTED.

Abstract

THIS AUSTRALIAN PAPER CONSISTS OF TWO SECTIONS WITH AN APPENDED DISCUSSION. THE FIRST SECTION DISCUSSES SENTENCING DISPARITY. IT IS POINTED OUT THAT SENTENCING REFLECTS NOT ONLY THE FACTS OF THE CASE BUT ALSO THE MAGISTRATE'S CONCEPTS CONCERNING THE PURPOSE OF THE SENTENCE. A FEW OF THE COMMON CONFLICTS OF PURPOSE ARE REVIEWED. AN OVERVIEW OF LITERATURE FROM ENGLAND AND AUSTRALIA IS PRESENTED ILLUSTRATING THE VARIOUS PROBLEMS CONSIDERED. THE SECOND SECTION DESCRIBES A VIDEOTAPE MODULAR TECHNIQUE FOR SENTENCING RESEARCH. TWO ATTEMPTS WERE MADE TO DEVELOP SIMULATED TRIALS WHICH COULD BE USED FOR GROUP RESEARCH. THE SERIES WHICH WAS FINALLY SELECTED USED ACTUAL POLICE OFFICERS, PROSECUTORS, MAGISTRATES, AND OTHER COURT PERSONNEL. TO ACHIEVE A VARIETY OF SENTENCING SITUATIONS AT MODERATE COST, EACH ELEMENT OR MODULE OF THE TRIAL WAS VIDEOTAPED SEPARATELY AND COMBINED IN VARIOUS WAYS TO CREATE A LARGE NUMBER OF DIFFERENT CASES. (THE DEFENDANT CAN BE MALE OR FEMALE, OLDER OR YOUNGER, MIGRANT OR NATIVE, FIRST OFFENDER OR MULTIOFFENDER, ETC.) THE POSSIBLE USES OF THIS TECHNIQUE FOR RESEARCH ARE BRIEFLY REVIEWED. THE DISCUSSION EMPHASIZES THE NEED FOR SENTENCING RESEARCH AND PRESENTS A PLEA FOR THE USE OF PROCEDURAL SAFEGUARDS DURING SENTENCING. FOOTNOTES CONTAIN REFERENCES. SEE NCJ-53504 FOR USE OF VIDEOTAPE MODULAR TECHNIQUE. (GLR)