TESTIMONY OF RICHARD D SCHWARTZ (FROM RESEARCH INTO CRIMINAL SENTENCING, 1978 - SEE NCJ-62872)

• NCJ Number: 62878
• Author(s): R D SCHWARTZ
• Date Published: 1978
• Length: 18 pages
• Corporate Author: US Congress
• Publication Format: Document
• Publication Type: Legislative/Regulatory Material
• Language: English
• Country: United States of America
• Note: TESTIMONY GIVEN ON MAY 12, 1978

Annotation

A SYRACUSE UNIVERSITY LAW PROFESSOR FAVORS SENTENCING REFORM LEGISLATION AND DISCUSSES THE RESPONSIBILITIES OF A SENTENCING COMMISSION.

Abstract

THE ESTABLISHMENT OF A COMMISSION TO SET PRESUMPTIVE SENTENCING GUIDELINES IS A SERIOUS ATTEMPT TO SOLVE THE PROBLEM OF SENTENCE DISPARITY; BUT DETERMINATE SENTENCING COULD ADVERSELY AFFECT OTHER LEGAL PROCESSES, AND THESE CHANGES SHOULD BE EVALUATED SO THAT REFORM CAN BE A CONTINUING EFFORT. THE SENTENCING COMMISSION IS GIVEN RESPONSIBILITY FOR DEVELOPING SENTENCING GUIDELINES AND ESTABLISHING METHODS TO MEASURE THE EFFECTIVENESS OF SENTENCES. IT SEEMS INEVITABLE THAT THE COMMISSION WILL BE DRAWN INTO A CLOSE WORKING RELATIONSHIP WITH THE APPELLATE COURTS AND THAT THE TWO BODIES WOULD STABILIZE AND CLARIFY THE SENTENCING PROCESS. THE LEGISLATURE SHOULD SET OBJECTIVES, AND THEN THE COMMISSION CAN DEVELOP AND IMPLEMENT POLICIES SUBJECT TO LEGISLATIVE APPROVAL. THE COMMISSION SHOULD INVOLVE THE PUBLIC, AS WELL AS RELEVANT DECISIONMAKERS, IN ITS WORK. THE IMPORTANCE OF THE EVALUATIVE FUNCTIONS OF THE COMMISSION HAS BEEN UNDEREMPHASIZED. THE SENTENCING COMMISSION SHOULD ALSO EXAMINE THE COMPLEXITIES OF INCAPACITATION AND DETERRENCE SINCE NEITHER CONCEPT SHOWS A RELATIONSHIP TO CRIME REDUCTION.