NCJ Number
65211
Journal
RODINO INSTITUTE OF CRIMINAL JUSTICE ANNUAL JOURNAL Volume: 1 Issue: 1 Dated: (1979) Pages: COMPLETE ISSUE
Date Published
1979
Length
76 pages
Annotation
THE ISSUE OF SENTENCING IS EVALUATED IN THIS PUBLICATION. A GENERAL INTRODUCTION TO THE PROBLEM IS FOLLOWED BY PANEL DISCUSSIONS REPRESENTING CONFLICTING VIEWS ON GUIDELINES, REFORMS IN NEW JERSEY, AND A FEDERAL MODEL.
Abstract
INDETERMINATE SENTENCING GREW OUT OF THE THERAPEUTIC MODEL OF CORRECTIONS, BASED ON THE ASSUMPTION THAT THE LENGTH OF TREATMENT HAD TO BE INDIVIDUALLY TAILORED ACCORDING TO PROSPECTS FOR REHABILITATION. THIS RESULTED IN GREAT SENTENCING DISPARITIES. THE WIDESPREAD DISENCHANTMENT WITH REHABILITATION THEORY HAS CAUSED CURRENT SENTENCING REFORMERS TO MOVE FROM UTILITARIAN JUSTIFICATIONS TO THE THEME OF RETRIBUTION, STATING THAT PUNISHMENT SHOULD BE COMMENSURATE WITH THE SERIOUSNESS OF THE CRIME. THE PRESUMPTIVE SENTENCE WOULD BE A NARROWLY DELINEATED RANGE OF ALTERNATIVES JUSTIFIED BY THE HARM DONE AND THE OFFENDER'S CULPABILITY. THESE STANDARDIZING CONCEPTS SHOULD EXTEND TO PAROLE BOARD ' PRACTICES AS WELL. DISCUSSION AMONG THE PANELISTS INDICATED AGREEMENT ON THE NEED TO STANDARDIZE THE SENTENCING PROCESS. REMAINING IN DISPUTE WERE ISSUES REGARDING (1) THE RATIONALE OF PUNISHMENT FROM WHICH REGULATORY GUIDELINES WOULD BE DERIVED AND (2) WHERE THE GUIDELINES SHOULD ORIGINATE. PROPOSED NEW JERSEY AND LEAA MODEL GUIDELINES WERE DESCRIBED, BOTH REPRESENTING ATTEMPTS TO COMBINE THE DESERTS RATIONALE WITH SENTENCING GUIDELINES. PANELISTS ADDRESSING THEMSELVES TO THE GENERAL PROS AND CONS OF GUIDELINES SPOKE ON HISTORIC APPROACHES TO SENTENCING, AND DISCUSSED CURRENT PRACTICES IN STATES WHERE SENTENCING MATRIXES ARE USED. POSSIBLE IDEAS FOR REFORM IN NEW JERSEY INCLUDED THE ARGUMENT THAT THE PROSECUTORS' DELIBERATIONS ON CASES TO BE TRIED WOULD BE GREATLY ALLEVIATED BY CLEAR CUT GUIDELINES. RELIABLE STATISTICAL METHODS AND CARE IN THE DEVELOPMENT OF RESPONSIBLE GUIDELINES WAS STRESSED. PLEA BARGAINING AND TRADITIONAL JUDICIAL AND PAROLE BOARD DISCRETION WERE SEEN AS SERIOUSLY LIMITED BY IMPLEMENTATION OF GUIDELINES. THE ONGOING DELIBERATIONS AND STUDIES BEFORE CONGRESS, WHICH IS IN THE PROCESS OF DEVELOPING A GUIDELINE SYSTEM FOR FEDERAL COURTS, WERE SUMMARIZED. (MRK)