NCJ Number
30049
Journal
Judicature Volume: 59 Issue: 3 Dated: (OCTOBER 1975) Pages: 112-119
Date Published
1975
Length
8 pages
Annotation
BASED ON THE RESULTS OF AN AMERICAN JUDICATURE SOCIETY SURVEY, THIS ARTICLE DISCUSSES THE ACCEPTANCE AND EFFICACY OF JUDICIAL REVIEW OF CRIMINAL SENTENCES, AND HOW THIS REVIEW IS CARRIED OUT WHERE IT EXISTS.
Abstract
THE SURVEY DETERMINED THAT JUDGES HAVE THE POWER TO REVIEW THE PROPRIETY OF LEGAL SENTENCES IN 23 STATES. FOUR HAVE OBTAINED THIS POWER THROUGH CASE LAW; ONE THROUGH THE USE OF ITS RULE-MAKING POWER; TWELVE THROUGH STATURORY ENACTMENTS AUTHORIZING APPELLATE REVIEW OF SENTENCES, AND SEVEN THROUGH THE CREATION OF PANELS OF TRIAL COURT JUDGES TO REVIEW THE PROPRIETY OF THE SENTENCES IMPOSED AT THE TRIAL COURT LEVEL. THREE STATES, NEW MEXICO, UTAH, AND WEST VIRGINIA CONSIDERED THE SURVEY INAPPLICABLE TO THEIR STATE IN VIEW OF THEIR STRICT INDETERMINATE SENTENCING STATUTES. THE STATE OF WASHINGTON IS LISTED AS UNDECIDED SINCE NO CASE LAW HAS BEEN FOUND INTERPRETING THE COURT RULE WHICH APPEARS TO AUTHORIZE REVIEW OF SUCH SENTENCES. TWENTY-ONE STATES DO NOT ALLOW REVIEW OF LEGAL BUT EXCESSIVE SENTENCES. SOME OF THE PROBLEMS WITH JUDICIAL REVIEW OF SENTENCING ARE BRIEFLY NOTED. THE AUTHOR OBSERVES THAT THE JUSTICES RESPONDING TO THE SURVEY WERE VERY EVENLY SPLIT IN TERMS OF THE GENERAL PRINCIPLE OF ALLOWING REVIEW OF CRIMINAL SENTENCES. (AUTHOR ABSTRACT MODIFIED)