TOWARD A JUST AND EFFECTIVE SENTENCING SYSTEM - AGENDA FOR LEGISLATIVE REFORM

• NCJ Number: 44842
• Author(s): P O'DONNELL; M J CHURGIN; D E CURTIS
• Date Published: 1977
• Length: 155 pages
• Corporate Author: Praeger Publishers
• Sale Source: Holt, Rinehart and Winston
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

TOPICS OF DICUSSION INCLUDE FEDERAL SENTENCING, PAROLE, PROBATION, AND RELATED CORRECTIONAL PROBLEMS; A SENTENCING STRATEGY IS PROPOSED TO ENSURE EFFECTIVENESS AND FAIRNESS.

Abstract

AGAINST THE BACKDROP OF LEGISLATIVE INDIFFERENCE, JUDICIAL NEGLECT, AND ADMINISTRATIVE UNCERTAINTY, THE AUTHORS DEVELOP A SENTENCING SCHEME TO ADDRESS THREE DOCUMENTED FLAWS IN THE FEDERAL SENTENCING PROCESS: (1) LACK OF LEGISLATIVELY PRESCRIBED SENTENCING CRITERIA; (2) INADEQUATE TRIAL AND APPELLATE COURT PROCEDURES TO ENSURE RATIONALITY AND FAIRNESS AND TO LESSEN SENTENCING DISPARITIES; AND (3) A DEARTH OF INFORMATION ABOUT VIRTUALLY ALL ASPECTS OF THE SENTENCING, PAROLE, AND CORRECTIONS PROCESSES. THE AUTHORS PROPOSE A PROCEDURAL FRAMEWORK THAT ENSURES A JUST AND EFFECTIVE SENTENCING SYSTEM BY REQUIRING JUDGES TO EXPLAIN AND JUSTIFY EACH SENTENCE, BY SUPPLANTING THE PAROLE SYSTEM WITH A DETERMINATE SENTENCING SCHEME, BY PROVIDING FOR APPELLATE REVIEW OF SENTENCES, AND BY ESTABLISHING A NATIONAL COMMISSION ON SENTENCING AND CORRECTIONS THAT WILL, THROUGH RESEARCH AND EXPERIENCE, DEVISE GUIDELINES FOR FEDERAL SENTENCING POLICY. THE APPENDIX PRESENTS THE PROPOSED FEDERAL SENTENCING STATUTE AND SENATE BILL 2699 FOR THE ESTABLISHMENT OF THE NATIONAL COMMISSION ON SENTENCING AND CORRECTIONS.