NCJ Number
61819
Journal
Hofstra Law Review Volume: 7 Issue: 1 Dated: (FALL 1978) Pages: 1-138
Editor(s)
T C WALES
Date Published
1978
Length
139 pages
Annotation
THIS FIRST VOLUME OF A TWO-VOLUME PRESENTATION OF PAPERS FROM HOFSTRA UNIVERSITY LAW SCHOOL'S 1978 SYMPOSIUM ON SENTENCING EXPLORES ISSUES RELATED TO SENTENCING REFORM.
Abstract
AN INTRODUCTORY PAPER PORTRAYS CURRENT SENTENCING PATTERNS AS A NATIONAL SCANDAL, DUE TO UNCONTROLLED SENTENCING DISCRETION. THE FAILURES OF THE INDETERMINATE SENTENCING CONCEPT, THE REHABILITATION IDEAL, AND THE INTENTIONS TO INDIVIDUALIZE JUSTICE THROUGH JUDICIAL SENTENCING DISCRETION ARE NOTED, AND FEDERAL LEGISLATION, S. 1437, DEALING WITH FEDERAL SENTENCING REFORM, IS CRITIQUED. ONE PAPER ASSESSING SENTENCING REFORM AT THE FEDERAL LEVEL APPLAUDS THE PRINCIPAL THRUST OF UNITED STATES SENATE BILL S. 1437 FOR ITS PROPOSED CREATION OF A FEDERAL SENTENCING COMMISSION TO SET SENTENCING GUIDELINES TO BE FOLLOWED BY FEDERAL JUDGES EXCEPT UNDER EXTRAORDINARY CIRCUMSTANCES IN GIVEN CASES. A HOUSE SUBCOMMITTEE'S PROPOSED BILL FOR SENTENCING REFORM IS CONSIDERED TOO WEAK TO EFFECT CHANGE. A SECOND PAPER DECRIES POPULAR SENTENCING REFORM MOVEMENTS THAT TOTALLY CONDEMN THE REHABILITATIVE FUNCTION OF SENTENCING, IN THE ABSENCE OF ANY EVIDENCE TO SHOW THAT SENTENCES BASED UPON THE PUNITIVE OR RETRIBUTIVE MODEL HAVE REDUCED CRIME. SENTENCING GUIDELINES ARE DEEMED USEFUL SO LONG AS THEY DO NOT RESULT IN HARSHER SENTENCING. IN A THIRD PAPER, SENTENCING GUIDELINE PROPOSALS IN S. 1437 ARE VIEWED AS UNDERMINING TOO SEVERELY JUDICIAL SENTENCING DISCRETION NECESSARY TO INDIVIDUALIZE SENTENCING IN THE INTERESTS OF JUSTICE AND REHABILITATION. APPELLATE REVIEW OF SENTENCING IS FAVORED IN ANOTHER PAPER, PROVIDED THAT ONLY DEFENDANTS ARE PERMITTED TO MAKE SUCH APPEAL AND AN INCREASE IN SENTENCE SEVERITY BY APPELLATE COURTS IS NOT ALLOWED. A FIFTH PAPER FOCUSES ON THE DIFFERENCES BETWEEN THE SINGLE AND DUAL AUTHORITY SENTENCING GUIDELINE MODELS AND PRESENTS THE ARGUMENT THAT, FROM AN OPERATIONAL PERSPECTIVE, THE DUAL AUTHORITY MODEL, INCORPORATING MULTIPLE CHECKS ON DISCRETION, IS MORE LIKELY TO PRODUCE THE DESIRED IMPROVEMENT IN SENTENCING PRACTICES. A FINAL PAPER DISCUSSES THE IMPLICATIONS FOR SENTENCING STRUCTURE WHEN DETERRENCE IS THE SOLE RATIONALE FOR SENTENCING. FOOTNOTES ARE PROVIDED THROUGHOUT. (RCB)