NCJ Number
56684
Date Published
1977
Length
12 pages
Annotation
THE BASIC PRINCIPLES OF THE AMERICAN BAR ASSOCIATION'S SENTENCING STANDARDS ARE OUTLINED, AND RECOMMENDATIONS FOR IMPLEMENTATION ARE OFFERED.
Abstract
FOLLOWING A GENERAL DISCUSSION OF THE OBJECTIVES AND GENERAL FORMAT OF THE AMERICAN BAR ASSOCIATION'S STANDARDS IN CRIMINAL JUSTICE, FIVE OF THE MAJOR ISSUES DEALT WITH IN THE SENTENCING STANDARDS ARE DISCUSSED. THE STANDARDS HOLD THAT THE JUDGE, NOT THE JURY, SHOULD SET SENTENCING. THIS PRACTICE WOULD REDUCE UNREASONABLE SENTENCE DISPARITY AND PERMIT SENTENCING GEARED TO FACTS KNOWN ABOUT THE OFFENDER MORE THAN THE OFFENSE. HAVING THE JURY PERFORM THE DUAL ROLE OF DETERMINING BOTH GUILT AND SENTENCING MAY ALSO INDUCE COMPROMISE OF THE ISSUE OF GUILT. THE STANDARDS ENCOURAGE THE UPDATING OF STATE PENAL CODES WHICH WILL OUTLINE THREE TO FIVE CATEGORIES OF OFFENSES IN ORDER TO AFFIX MAXIMUM SENTENCES. LEGISLATURES WOULD ESTABLISH PARAMETERS FOR SENTENCE CLASSIFICATION, BUT SHOULD NOT TRY TO PREDICT ALL CRIMES THAT MIGHT FALL INTO EACH CATEGORY. THE STANDARDS FURTHER HOLD THAT SENTENCING SHOULD BE AN INDIVIDUALIZED DECISION, DEPENDENT UPON THE PERSON INVOLVED, AS WELL AS THE FACTS OF THE OFFENSE. THE LEGISLATURE SHOULD, THEREFORE, PROVIDE SENTENCING FOR A WIDE RANGE OF ALTERNATIVES WHICH MAY BE AVAILABLE IN EVERY CASE. MANDATORY SENTENCING IS REJECTED AS BEING AN INVASION OF THE JUDICIAL DISCRETION NECESSARY FOR INDIVIDUALIZED SENTENCING. THE STANDARDS DO NOT VIEW PUNISHMENT AS THE PRIMARY GOAL OF SENTENCING. A PARTICULAR SENTENCE SHOULD BE CONSISTENT WITH THE PROTECTION OF THE PUBLIC, THE SERIOUSNESS OF THE OFFENSE, AND THE REHABILITATIVE NEEDS OF THE DEFENDANT. THE STANDARDS ALSO HOLD THAT THE SENTENCING SCHEME SHOULD BE DESIGNED WITH THE 'TYPICAL' OFFENDER IN MIND RATHER THAN THE 'WORST POSSIBLE' OFFENDER. RECOMMENDATIONS FOR IMPLEMENTING THE AFOREMENTIONED PRINCIPLES ARE OUTLINED, AND STEPS THAT SHOULD BE TAKEN IN ASSESSING THE STATE OF A LOCAL CRIMINAL JUSTICE SYSTEM ARE LISTED. (RCB)