NCJ Number
42066
Journal
State Government Volume: 50 Issue: 2 Dated: (SPRING 1977) Pages: 116-124
Date Published
1977
Length
9 pages
Annotation
THIS ARTICLE DEVELOPS A SENTENCING REFORM PROPOSAL THAT ATTEMPTS TO RECTIFY PROBLEMS OF SENTENCING DISCRETION AND SENTENCING INEQUITIES THROUGH A SOCIAL CONTRACT APPROACH TO SENTENCING.
Abstract
OVER THE YEARS, THE SUPERVISION AND CONTROL OF THE SENTENCING PROCESS HAVE BROADENED IN TWO WAYS. FIRST, JUDGES ARE ALLOWED INCREASING SENTENCING DISCRETION, AND SECOND, JUDICIALLY SET SENTENCES CAN BE SUBSEQUENTLY ALTERED THROUGH A VARIETY OF ADMINISTRATIVE MEANS SUCH AS PAROLE, GOODTIME LAWS, AND REVOCATIONS OF PROBATION AND PAROLE. TO COUNTER THE POSSIBLE INEQUITIES OF THIS SYSTEM, THE AUTHOR PROPOSES AN ALTERNATIVE SENTENCING PROCEDURE IN WHICH THE FULL EXTENT OF THE CRIMINAL SANCTION WOULD BE COMMITTED TO WRITING IN WHAT IS REFERRED TO AS A 'SENTENCE AGREEMENT'. UNDER THIS PROPOSAL, THE FULL EXTENT OF THE STATE'S AUTHORITY OVER THE OFFENDER WOULD BE SET FORTH IN AN AGREEMENT AND, EXCEPT AS PROVIDED THEREIN, THE STATE WOULD BE LEGALLY CONSTRAINED FROM MAKING ANY OTHER DEMANDS UPON THE OFFENDER IN CONNECTION WITH THAT SPECIFIC OFFENSE. THE AUTHOR EXAMINES SUCH ISSUES AS THE REASONS FOR A SENTENCE AGREEMENT, THE FEATURES WHICH SHOULD BE INCLUDED IN A SENTENCE AGREEMENT, THE PERSONS WHO SHOULD PREPARE THE SENTENCE AGREEMENT, ENFORCEMENT OF THE AGREEMENT, AND POSSIBLE IMPACTS OF THIS SENTENCE REFORM. A SAMPLE SENTENCE AGREEMENT IS INCLUDED. (AUTHOR ABSTRACT MODIFIED)...DMC