NCJ Number
48225
Journal
Journal of Psychedelic Drugs Volume: 9 Issue: 4 Dated: (OCTOBER-DECEMBER 1977) Pages: 301-309
Date Published
1977
Length
9 pages
Annotation
THEORETICAL DEVELOPMENTS IN PENOLOGY ARE DISCUSSED AS THEY RELATE TO THE SENTENCING AND CORRECTIONAL TREATMENT OF DRUG OFFENDERS, AND SENTENCING GUIDELINES FOR DRUG OFFENSES ARE SUGGESTED.
Abstract
IT IS NOTED THAT REHABILITATION IS FALLING INTO EMPIRICAL AND THEORETICAL DISFAVOR AS AN ORGANIZING PRINCIPLE OF SENTENCING AND CORRECTIONAL POLICY. A REPORT PREPARED BY THE COMMITTEE FOR THE STUDY OF INCARCERATION IS DISCUSSED AS AN EXAMPLE OF THE RATIONALE SET FORTH BY THOSE WHO REJECT THE REHABILITATIVE IDEAL IN FAVOR OF A PENAL PHILOSOPHY BASED ON THE NOTION OF JUST DESERT. IT IS SUGGESTED THAT ACCEPTANCE OF CORRECTIONAL REVISIONISM, WITH ITS EMPHASIS ON SENTENCING TO REFLECT THE SEVERITY OF THE OFFENSE (AS DETERMINED BY THE HARM DONE OR RISKED BY THE ACT AND THE DEGREE OF THE ACTOR'S CULPABILITY), IS INEVITABLE, AND THAT SANCTIONING GUIDELINES FOR DRUG OFFENDERS SHOULD BE FASHIONED ACCORDINGLY. PERSPECTIVES THAT HAVE SHAPED AMERICAN DRUG ABUSE CONTROL POLICY ARE REVIEWED, AND THE POLITICAL PROMINENCE OF DRUG ABUSE AS A POLICY ISSUE IS NOTED. A SANCTIONING FRAMEWORK FOR DRUG OFFENSES IS DEVELOPED THAT ENCOMPASSES THE PRINCIPAL OF COMMENSURATE DESERT, THE DECRIMINALIZATION OF POSSESSION OF MARIJUANA FOR PERSONAL USE, AND THE ASSUMPTION THAT SOME INDIVIDUALIZATION REMAINS DESIRABLE FOR DRUG OFFENDER SANCTIONING, GIVEN THE HETEROGENEITY OF THE DRUG OFFENDER POPULATION. AN OUTLINE OF THE SANCTIONING FRAMEWORK TRANSLATED INTO AN EQUATIONAL FORMAT IS PROVIDED. A LIST OF REFERENCES IS INCLUDED. (LKM)