NCJ Number
51717
Date Published
1976
Length
15 pages
Annotation
PROBLEMS THWARTING RATIONAL AND EFFECTIVE SENTENCING IN SOUTH AFRICA ARE DISCUSSED, AND MEANS FOR RESOLVING THEM ARE SUGGESTED.
Abstract
THE PROBLEMS CONSIDERED TO UNDERMINE RATIONAL AND EFFECTIVE SENTENCING ARE DISCUSSED AS FOLLOWS: DISPARITY IN SENTENCING DUE TO THE SUBJECTIVITY OF SINGLE JUDICIARY SENTENCERS; THE LACK OF CONSENSUS AMONG THE JUDICIARY ON THE MAIN OBJECTIVES OF SENTENCING; THE LACK OF TRAINING OF JUDICIAL OFFICERS IN FORMULATING APPROPRIATE SENTENCES; THE LACK OF SUFFICIENT INFORMATION ON THE OFFENDERS AND THEIR BACKGROUND; AND LIMITED SENTENCING ALTERNATIVES (THERE IS NO ADULT PROBATION SYSTEM IN SOUTH AFRICA). IT IS BELIEVED THAT SOME OF THE DISPARITY IN SENTENCING COULD BE REDUCED BY CLARIFYING THE OBJECTIVE OF THE PENAL SYSTEM. WHILE CONFLICT IS CONSIDERED INEVITABLE BETWEEN THE REHABILITATIVE AND RETRIBUTIVE FUNCTIONS OF SENTENCING, IT IS BELIEVED AN EFFORT AT BALANCING THESE TWO SENTENCING CONCERNS MUST ACCOMPANY EACH SENTENCE. EXTENSIVE PRESENTENCE INVESTIGATIONS CONDUCTED BY SOCIOLOGISTS AND PSYCHOLOGISTS ARE ADVOCATED AS A MEANS OF INDIVIDUALIZING SENTENCING. AN ADULT PROBATION SYSTEM, COMMUNITY PROGRAMS, DAY TRAINING CENTERS, AND THE 'SPLIT SENTENCE' (SHORT-TERM IMPRISONMENT, THEN PROBATION SUPERVISION), ARE SUGGESTED AS ADDITIONAL SENTENCING ALTERNATIVES. SENTENCING BY ADMINISTRATIVE BOARDS OF BEHAVIORAL SCIENTISTS, THE USE OF SENTENCING COUNCILS OF JUDGES TO ACT IN AN ADVISORY CAPACITY FOR SENTENCING BY INDIVIDUAL JUDICIAL OFFICERS, AND SENTENCING BY MULTIDISCIPLINARY TRIBUNALS OF JUDICIAL OFFICERS AND BEHAVIORAL SCIENTISTS ARE DISCUSSED AS ALTERNATIVES TO SENTENCING BY SINGLE, UNADVISED JUDICIAL OFFICERS. SUGGESTIONS ARE ALSO OFFERED FOR THE TRAINING OF JUDICIAL OFFICERS IN SENTENCING. (RCB)