NCJ Number
51716
Date Published
1976
Length
11 pages
Annotation
THE NEED FOR, AND THE GOAL, CONTENT, TEACHING METHOD, AND IMPLEMENTATION OF THE TRAINING IN SENTENCING FOR JUDICIAL OFFICERS IN ENGLAND AND SOUTH AFRICA ARE DISCUSSED.
Abstract
IT IS NOTED THAT NEITHER THE BASIC LEGAL TRAINING OR PRIOR COURT EXPERIENCE AS A LAWYER OF MOST JUDICIAL OFFICERS PREPARES THEM FOR THEIR SENTENCING RESPONSIBILITIES. TO REMEDY THIS LACK, IT IS SUGGESTED THAT TRAINING COURSES IN SENTENCING BE ESTABLISHED. THE OBJECT OF SUCH TRAINING IS NOTED NOT TO BE THAT OF INDOCTRINATING THE SENTENCER IN A PARTICULAR PHILOSOPHY OF SENTENCING OR IMPART BELIEFS ABOUT THE EFFECTS OR LACK OF EFFECTS OF SENTENCING. THE GOAL OF TRAINING WOULD BE TO PROVIDE THE SENTENCER WITH THE FULL RANGE OF INFORMATION WHICH IS NEEDED TO DISCHARGE THE SENTENCING FUNCTION PROPERLY. IT IS RECOMMENDED THAT THE TRAINING CONTAIN THE FOLLOWING CONTENT: THE LEGAL ASPECTS OF SENTENCING; PENAL THEORIES; INFORMATION ON THE PENAL RESOURCES CURRENTLY AVAILABLE TO THE SENTENCER; ASPECTS OF THE PROCESS OF GATHERING INFORMATION NEEDED FOR THE SENTENCING DECISION; AND THE BROAD DEVELOPMENTS OF CRIMINOLOGICAL THEORY. IT IS SUGGESTED THAT SUCH COURSES BE TAUGHT AT AN EARLY STAGE OF LEGAL EDUCATION AND ALSO BE PROVIDED FOR JUDICIAL OFFICERS CURRENTLY SERVING AT VARIOUS LEVELS. IT IS SUGGESTED THAT A SENTENCING EXERCISE BE USED AS THE FORMAT FOR THE TRAINING. THIS EXERCISE WOULD SIMULATE THE ACTUAL SENTENCING DECISIONMAKING PROCESS TO THE POINT OF INCLUDING SOCIAL WORKERS, PROBATION OFFICERS, AND BEHAVIORAL SCIENTISTS IN THE TRAINING. THE PUBLICATION OF A SENTENCING HANDBOOK TO BE USED IN THE TRAINING AND IN ACTUAL SENTENCING WORK IS ALSO SUGGESTED. VISITS TO VARIOUS CORRECTIONAL FACILITIES AND OBSERVATION OF REHABILITATION PROGRAMS ARE RECOMMENDED AS PART OF THE TRAINING COURSE. (RCB)