SENTENCING - REPORT BY THE SUB-COMMITTEE OF THE EUROPEAN COMMITTEE ON CRIME PROBLEMS

• NCJ Number: 16270
• Author(s): ANON
• Date Published: 1974
• Length: 81 pages
• Corporate Author: Place Broglie
• Publication Format: Document
• Language: English
• Country: France

Annotation

FINDINGS OF A EUROPEAN JUDICIAL SEMINAR, INCLUDING VARIOUS MATTERS OF INTEREST TO THE EXPERTS.

Abstract

JUDGES FROM THE 17 MEMBER STATES OF THE COUNCIL OF EUROPE PARTICIPATED IN A THREE-DAY MEETING. SENTENCING EXERCISES, BASED ON CASES SUPPLIED IN ADVANCE BY A COMMITTEE OF EXPERTS, REVEALED SOME OF THE BASIC DIFFERENCES IN APPROACH IN THE VARIOUS LEGAL SYSTEMS REPRESENTED. THE AREAS UNDER CONSIDERATION INCLUDED SENTENCE DISPARITIES AMONG MEMBER NATIONS, THE USE OF PRE-TRIAL REPORTS AND PRE-SENTENCE INVESTIGATIONS, THE LEGAL FRAMEWORK OF SENTENCING AND LENGTH OF SENTENCE, AND THE JUDGE'S ROLE IN THE SENTENCING PROCESS. THE MAJOR DIVIDING FACTOR AMONG THE MEMBER STATES WAS FOUND TO BE THE DIFFERENCE BETWEEN THE ENGLISH STYLE TRIAL, WHICH HAS TWO STAGES (SENTENCING BEING THE SECOND STAGE), AND THE FRENCH SYSTEM, WHICH HAS ONLY ONE STAGE WITH ALL RESEARCH INTO THE CHARACTER AND BACKGROUND OF THE ACCUSED IS CARRIED OUT BEFORE THE TRIAL BY THE INVESTIGATING JUDGE. SOME GENERAL CONSIDERATIONS ARE ENUMERATED.