NCJ Number
48544
Journal
Annals of the American Academy of Political and Social Science Volume: 423 Dated: (JANUARY 1976) Pages: 117-132
Date Published
1976
Length
16 pages
Annotation
THE PURPOSES AND METHODS FOR SETTING SENTENCES ARE EXAMINED FROM AN HISTORICAL PERSPECTIVE, AND CURRENT EMPHASIS AND FUTURE TRENDS ARE DISCUSSED.
Abstract
THE HISTORIC PURPOSES OF CRIMINAL SENTENCING ARE INDICATED: (1) ISOLATING THE CONVICTED CRIMINAL FROM THE POPULATION, THWARTING FURTHER CRIME DURING THE PERIOD OF ENFORCED ISOLATION; (2) PUNISHING THE CONVICTED PRISONER SO THAT THOSE CONTEMPLATING CRIME WILL BE DETERRED BY THE PROSPECT OF A HARSH RESPONSE IF CONVICTED; AND (3) REHABILITATING THE CONVICTED CRIMINAL, SO THE DESIRE OR NEED TO COMMIT FUTURE CRIMES WILL BE DIMINISHED. THE COLONIAL PERIOD, THE PRE-CIVIL WAR PERIOD, THE POST-CIVIL WAR PERIOD, AND CURRENT PRACTICES ARE EXAMINED TO DETERMINE THE INTERACTION BETWEEN EMPHASIS ON THE OBJECTIVE OF SENTENCING AND MECHANISMS USED FOR SENTENCING. THE MODELS OF CRIMINAL SENTENCING IDENTIFIED ARE: (1) THE LEGISLATIVELY FIXED MODEL, WHICH IS ORGANIZED SO THAT THE LEGISLATURE DETERMINES THE PRECISE SANCTION FOR A GIVEN CRIME; (2) THE JUDICIALLY FIXED SENTENCE, WHICH IS ORGANIZED SO THAT THE JUDGE, WITHIN THE DISCRETION SET BY THE LEGISLATURE, DETERMINES THE PRECISE SENTENCE IN A GIVEN CASE; AND (3) THE ADMINISTRATIVELY FIXED SENTENCE MODEL, WHICH IS ORGANIZED WITHIN A BROAD LATITUDE SET BY THE LEGISLATURE BUT PERHAPS FURTHER NARROWED BY THE TRIAL JUDGE. IN THIS LAST MODEL, AN ADMINISTRATIVE AGENCY UNDER THE CORRECTIONS AUTHORITIES DETERMINES A RELEASE DATE WITHIN THE SENTENCING LIMITS SET BY THE TRIAL JUDGE AT A TIME AFTER IMPRISONMENT HAS COMMENCED. IT IS BELIEVED THAT THE ADMINISTRATIVE MODEL OF SENTENCING IS CURRENTLY IN FORCE AND HAS EVOLVED FROM AN EMPHASIS ON REHABILITATIVE SENTENCING, WITH BEHAVIORAL CHANGE BEING THE CONDITION FOR RELEASE. THIS ERA, HOWEVER, IS SEEN TO BE FAST DRAWING TO AN END DUE TO CRITICISM THAT THE CORRECTIONAL SYSTEM DOES NOT SUCCESSFULLY REHABILITATE AND CONSEQUENTLY INMATES MUST SUFFER LONG PERIODS OF CONFINEMENT AS A RESULT OF SUBJECTIVE EVALUATIONS THAT THEY ARE NOT READY TO RETURN TO SOCIETY. SINCE THE REHABILITATIVE FUNCTION OF SENTENCING IS FAILING, THE OTHER PURPOSES OF SENTENCING SUCH AS PUNISHMENT AND DETERRENCE ARE LIKELY TO BE EMPHASIZED THROUGH THE SENTENCING MODELS OF LEGISLATIVELY AND JUDICIALLY FIXED SENTENCES. THE CYCLE OF SENTENCING MODELS IS EXPECTED TO REPEAT ITSELF UNDER THE SHIFTING PERSPECTIVES OF THE PUBLIC AND CRIMINAL JUSTICE PROFESSIONALS RELATING TO THE PURPOSES OF SENTENCING. NOTES ARE PROVIDED. (RCB)