NCJ Number
45849
Journal
NOTRE DAME LAWYER Volume: 53 Dated: (1977) Pages: 266-290
Date Published
1977
Length
25 pages
Annotation
A MODEL FOR A STATE BOARD WITH LEGAL AUTHORITY TO MODIFY CHARGING PRACTICES OF PROSECUTORS, SENTENCING DECISIONS OF JUDGES, AND PAROLE DECISIONS, TO THE EXTENT THAT THE DECISIONS ARE DISCRETIONARY, IS PROPOSED.
Abstract
ANALYSIS OF SENTENCING PROBLEMS AND POSSIBLE SOLUTIONS INDICATES FOUR BASIC DIFFICULTIES: IRRATIONALITY; DISPARITY; INEFFECTIVENESS; AND DIFFUSION. ALTHOUGH THE PAROLE DECISION GUIDELINES SYSTEM ADDRESSES ONE ASPECT OF SENTENCING, EXPANSION OF THE GUIDELINES SYSTEM TO THE ENTIRE SENTENCING PROCESS REQUIRES A MESHING OF DIFFERENT PARTS OF THE CRIMINAL JUSTICE SYSTEM BY MEANS OF AN INSTITUTIONAL APPROACH. THE SENTENCING COMMISSION REPRESENTS SUCH AN APPROACH. A COMMISSION MODEL IS DISCUSSED IN TERMS OF FUNCTIONS AND POWERS WITHIN THE COMMISSION AND VIS-A-VIS PROSECUTORS, JUDGES, AND PAROLE BOARDS. THE COMMISSION, WHICH WOULD PERFORM EVALUATION, PLANNING, AND POLICYMAKING FUNCTIONS, WOULD BE SUPPORTED BY AN ADVISORY GROUP AND A PROFESSIONAL STAFF AND WOULD BE COMPOSED OF PROSECUTORS, JUDGES, AND PAROLE BOARD REPRESENTATIVES. THE PROPOSED MODEL IS DISCUSSED IN THE GENERAL CONTEXT OF AN AMERICAN STATE; PECULIARITIES OF LOCAL LAWS AND INSTITUTIONS ARE NOT CONSIDERED. THE MODEL IS SET INTO A THEORETICAL BASE, AND EARLIER PROPOSALS FOR COMMISSION MODELS ARE EXAMINED. SPECIAL PROBLEMS THAT A SENTENCING COMMISSION IS LIKELY TO ENCOUNTER -- LINKAGE WITH THE STATE PLANNING AGENCY, RESISTANCE TO CHANGE -- ARE CONSIDERED. THE PROVISIONS OF A SENATE BILL PROPOSING A FEDERAL SENTENCING COMMISSION ARE EXAMINED IN LIGHT OF THE MODEL. (AUTHOR ABSTRACT MODIFIED-LKM)