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CONTROL OF SENTENCING - THE BALANCE BETWEEN THE JUDGE AND THE EXECUTIVE

NCJ Number
28058
Author(s)
SCARMAN
Date Published
1974
Length
11 pages
Annotation
THE AUTHOR CRITICIZES A RECOMMENDATION BY ENGLAND'S ADVISORY COUNCIL ON THE PENAL SYSTEM UPON YOUNG ADULT OFFENDERS THAT WOULD LIMIT THE COURT'S SENTENCING ROLE TO PASSAGE OF A CUSTODY AND CONTROL SENTENCE.
Abstract
ACTUAL DETERMINATION OF THE DURATION OF THE CUSTODY PORTION OF THE SENTENCE WOULD BE MADE BY THE HOME SECRETARY. THE AUTHOR ARGUES THAT THE COURTS ARE BEST QUALIFIED TO BALANCE THE DEMANDS OF PUBLIC OPINION (FOR RETRIBUTION) WITH THE INTERESTS OF THE OFFENDER (REHABILITATION). THE AUTHOR CONCLUDES THAT REFORM CAN BEST BE ACCOMPLISHED NOT BY REMOVING SENTENCING POWERS FROM THE COURTS BUT THROUGH LOW REFORM DESIGNED TO PROVIDE CONSTRUCTIVE ALTERNATIVES TO SIMPLE DEPRIVATION OF LIBERTY.