NCJ Number
144136
Journal
University of Colorado Law Review Volume: 64 Issue: 3 Dated: (1993) Pages: 707-712
Date Published
1993
Length
6 pages
Annotation
The wisdom and practicality of State sentencing guidelines are questioned, based on the author's experience with the criminal justice system's pretrial and trial procedures.
Abstract
Judges exercise tremendous power in sentencing, and their decisions result in widely disparate sentences for similar crimes and defendants. Although sentencing guidelines may alleviate some of these disparities, they may also lead to more pressure to turn sentencing into an adversarial, trial-type hearing. The author is comfortable with the strong role judges have traditionally played in the sentencing process and is reluctant to see that role altered significantly. He is also concerned about attempts to place limits on plea bargaining in sentencing guideline jurisdictions. His concern with restricting the ability of prosecutors and defense attorneys to negotiate a plea bargain is based on the need for flexibility in State sentencing systems and on the possibility for dishonesty in these systems when plea bargaining activity is restricted. 16 footnotes