CRIMINAL JUSTICE ISSUES - SENTENCING ALTERNATIVES

• NCJ Number: 44912
• Author(s): B J GEORGE; W L CAHALAN; GILMORE H W; P M JOHNSON
• Date Published: 1977
• Length: 44 pages
• Sponsoring Agency: Webber Foundation; McGregor Fund; National Bank of Detroit
• Corporate Author: Citizens Research Council of Michigan
• Sale Source: Citizens Research Council of Michigan
• Language: English
• Country: United States of America

Annotation

PAPERS IN THIS SERIES ON SENTENCING ALTERNATIVES INCLUDE A BACKGROUND PAPER, AN EXAMINATION OF FLAT OR MANDATORY MINIMUM SENTENCING, A DISCUSSION OF PRESUMPTIVE OR STANDARD SENTENCING, AND A SENTENCING REFORM PROPOSAL.

Abstract

THE OVERVIEW OF SENTENCING ALTERNATIVES PRESENTS THE LEGAL STATUS OF SENTENCING UNDER MICHIGAN LAW; SUMMARIZES THE PURPOSES OF CRIMINAL SANCTIONS (I.E., RETRIBUTION, DETERRENCE, REHABILITATION, AND ISOLATION/SEGREGATION); OUTLINES THE COMPETING SENTENCING STRUCTURES OF FLAT SENTENCING, PRESUMPTIVE SENTENCING, AND MODIFIED INDETERMINATE SENTENCING; AND DISCUSSES PENDING LEGISLATIVE PROPOSALS IN MICHIGAN. AFTER REVIEWING AND CRITICIZING SENTENCING PRACTICES IN MICHIGAN AND THE ENTIRE UNITED STATES, THE AUTHOR OF AN ARTICLE ADVOCATING FLAT SENTENCING SUGGESTS THAT THE LEGISLATIVE BRANCH OF GOVERNMENT DETERMINE WHAT SENTENCE SHALL BE IMPOSED FOR EACH AND EVERY CRIME; UPON CONVICTION, IT WOULD BE MANDATORY THAT THE PERSON CONVICTED BE SENTENCED FOR THAT PERIOD OF TIME WITH NO PAROLE AND NO PROBATION. A PROPONENT OF PRESUMPTIVE OR STANDARD SENTENCING ALSO CRITICIZES SENTENCING DISPARITY; HE PROPOSES THAT THE LEGISLATURE ADOPT A PRESUMPTIVE SENTENCE WHICH WOULD BE IMPOSED ON A TYPICAL FIRST OFFENDER WHO COMMITTED THE CRIME IN A TYPICAL FASHION AND WHICH COULD BE CHANGED ONLY UPON THE FINDING OF SPECIFIC AGGRAVATING OR MITIGATING CIRCUMSTANCES BASED ON FREQUENTLY RECURRING CHARACTERISTICS OF THE CRIME AND THE CRIMINAL. PROPOSED AGGRAVATING AND MITIGATING FACTORS ARE LISTED. THE FINAL PAPER AIMS TO SHOW THAT A REDUCTION IN VIOLENT CRIME IS POSSIBLE THROUGH SELECTIVE QUARANTINE OF CONVICTED OFFENDERS BASED ON THEIR POTENTIAL FOR VIOLENCE; THE IMPLICATIONS OF THIS PROPOSAL FOR SENTENCING ARE NOTED. A CORRECTIONS DISCRETION MODEL AND A CORRECTIONS-JUDICIAL DISCRETION MODEL FOR INCREASING THE EFFICIENCY OF SELECTIVE QUARANTINE AND A SENTENCING MODEL FOR IMPLEMENTING SELECTIVE QUARANTINE ARE PRESENTED. REFERENCES ARE PROVIDED FOR SOME OF THE PAPERS.