NCJ Number
62874
Date Published
1978
Length
14 pages
Annotation
SPEAKING IN FAVOR OF DETERMINATE SENTENCING, THE AMERICAN BAR ASSOCIATION COMMISSION ON CORRECTIONAL FACILITIES CHAIRMAN COMMENTS ON SENTENCING THEORIES AND CORRECTIONS AND SUGGESTS REFORMS.
Abstract
ALTHOUGH LARGE SUMS OF MONEY HAVE BEEN SPENT ON RESEARCH, PRINCIPALLY THROUGH THE LEAA, LITTLE PROGRESS HAS BEEN MADE IN UNDERSTANDING THE PROBLEMS OF CRIME IN THE UNITED STATES. EXPERTS DO NOT AGREE ABOUT BASIC ISSUES, SUCH AS REHABILITATION, DECRIMINALIZATION OF PROSTITUTION OR DRUG USE, OR SENTENCING OF WHITE-COLLAR CRIME. THE CURRENT INTEREST IN DETERMINATE SENTENCING DOES NOT REQUIRE ABANDONING THE EFFORTS TOWARD REHABILITATION, BUT IT DOES SHIFT THE EMPHASIS TO MAKE THE PUNISHMENT FIT THE CRIME. THE CRIMINAL JUSTICE SYSTEM ALSO LACKS CONCLUSIVE INFORMATION ON RECIDIVISM, THE DETERRENT EFFECTS OF CAPITAL PUNISHMENT, METHODS OF HELPING EX-OFFENDERS REINTEGRATE INTO SOCIETY, AND THE EFFECT OF HANDGUN CONTROLS ON CRIME. A COORDINATED AND REALISTIC PLAN IS NEEDED TO GUIDE FUTURE ACTIVITIES, AND REFORMS WITHIN THE SYSTEM SHOULD CONCENTRATE ON IMPROVING THE FAIRNESS AND EFFICIENCY OF THE JUDICIAL PROCESS. THE SENTENCING STRUCTURE SHOULD BE REVISED, AND PAROLE DISCRETION ELIMINATED OR DRASTICALLY REDUCED. THE LEGISLATURE CAN PRESCRIBE NARROW LIMITS OF SENTENCES FOR OFFENSES, IT MAY DEFINE A PRESUMPTIVE SENTENCE, OR IT CAN DELEGATE THIS AUTHORITY TO A SENTENCING COMMISSION. ANY LEGISLATION SHOULD OFFER SANCTIONS OTHER THAN IMPRISONMENT, POSSIBLY RESTITUTION OR COMMUNITY SERVICE. THE LEAA AND THE FEDERAL RESEARCH EFFORT SHOULD BE REORGANIZED INTO A BODY THAT IS INDEPENDENT OF POLITICAL CONTROL BY ANY FEDERAL AGENCY.