NCJ Number
54721
Date Published
1974
Length
215 pages
Annotation
THE PURPOSES OF SENTENCES AND DISPOSITIONS AND WAYS TO IMPLEMENT THEM ARE DISCUSSED. PAPERS DEALING WITH ALTERNATIVES TO THE ADVERSARY SYSTEM AND THE REFORM OF PUNISHMENT ARE PRESENTED.
Abstract
A WORKING PAPER OF THE LAW REFORM COMMISSION OF CANADA DEALING WITH THE PRINCIPLES UNDERLYING SENTENCING AND DISPOSITIONS IS PRESENTED, ALONG WITH TWO BACKGROUND PAPERS TREATING ALTERNATIVES TO THE ADVERSARY SYSTEM AND THE REFORM OF PUNISHMENT. THESE PAPERS REPRESENT ONLY THE BEGINNING WORK ON SENTENCING AND DISPOSITIONS, AND MORE DETAILED WORK IS EXPECTED TO FOLLOW. IN DISCUSSING THE PRINCIPLES UNDERLYING SENTENCING AND DISPOSITIONS, IT IS ADVOCATED THAT THE CRIMINAL LAW CONTINUE TO IMPOSE SANCTIONS TO DISCOURAGE CRIMINAL CONDUCT, TAKE NOTE OF THE INJURY DONE TO PROTECTED VALUES, REAFFIRM THE VALUES AT STAKE IN PARTICULAR CRIMINAL OFFENSES, AND RESTORE THE SOCIAL BALANCE AFTER THE CRIME HAS BEEN INVESTIGATED. IN CONSIDERING THE IMPLEMENTATION OF THESE PRINCIPLES, THE FOLLOWING ISSUES ARE DISCUSSED: DIVERSION, INTAKE CRITERIA, CRITERIA FOR CUSTODIAL OR NONCUSTODIAL DISPOSITIONS, RELEASE PROCEDURES, SUPERVISING THE EXECUTION OF THE SENTENCE, ROLES AND FUNCTIONS WITHIN THE SENTENCING PROCESS, STRUCTURING DISCRETIONARY POWER IN SENTENCING, COMMUNITY INPUT IN DISPOSITIONS, AND VICTIM COMPENSATION. THE BACKGROUND PAPER DEALING WITH ALTERNATIVES TO THE ADVERSARY SYSTEM DESCRIBES THE UNDERLYING ASSUMPTIONS OF THE ADVERSARY SYSTEM AND DEVELOPS CRITERIA FOR REEVALUATION. VARIOUS ALTERNATIVE CONCEPTUAL MODELS ARE DEVELOPED, WITH THE AUTHOR OPTING FOR A SOCIAL-EDUCATIVE MODEL OF CRIMINAL JUSTICE. A WORKING MODEL IS DEVELOPED TO SHOW THE INTERACTION AMONG CONCEPTS, INSTITUTIONS, AND THE COMMUNITY. THE BACKGROUND PAPER CONCERNING REFORM OF PUNISHMENT REEXAMINES THE PHILOSOPHICAL AND MORAL JUSTIFICATIONS FOR PUNISHMENT, THE VARIETIES OF PUNISHMENT, AND THEIR RELATION TO SUCH CONCEPTS AS MORAL PERSUASION, REWARD, TREATMENT, AND CORRECTION. (RCB)