NCJ Number
69258
Date Published
1980
Length
344 pages
Annotation
THE LEGAL AND HUMAN PROBLEMS FACING A TRIAL JUDGE IN THE AREA OF SENTENCING, ALONG WITH THE PERCEIVED NECESSITY OF CONSIDERING THE EFFECTS OF JUDICIAL DECISIONS ON OFFENDERS, VICTIMS, AND SOCIETY, ARE EXPLORED.
Abstract
WRITTEN FROM THE PERSPECTIVE OF AN EXPERIENCED ATTORNEY AND TRIAL JUDGE, THIS BOOK IS CONCERNED WITH THE CRITERIA THAT SHOULD GUIDE A JUDGE'S DECISIONMAKING PROCESS IN THE ABSENCE OF CLEAR-CUT SENTENCING GUIDELINES. JUDICIAL DISCRETION IS SEEN AS A PROBLEM, RATHER THAN A HELP TO TRIAL JUDGES. NEITHER PROBATION NOR IMPRISONMENT ARE VIEWED AS REHABILITATION MECHANISMS. ISSUES ANALYZED IN DEPTH ARE DETERRENCE, DEGREES OF CULPABILITY, THE USES OF FORENSIC PSYCHIATRY, VICTIM COMPENSATION, AND SOME TYPES OF CRIME (E.G., IRRATIONAL, FAMILY, WHITE-COLLAR); RACE AS A CRIMINOGENIC OR BIAS-GENERATING FACTOR; CHILDREN AND THE LAW; THE USES OF PSYCHIATRY; VICTIM COMPENSATION; AND AN AGENDA FOR COURT REFORM. EACH TOPIC IS ILLUSTRATED WITH CASE HISTORIES. SOLUTIONS TO THE SEEMINGLY INSOLUBLE PROBLEM OF CRIME IN OUR SOCIETY ARE TENTATIVELY SUGGESTED, E.G., STRICT GUN CONTROL LAWS; EDUCATIONAL PROGRAMS ESPECIALLY TAILORED FOR PROBLEM CHILDREN; INCREASED AND IMAGINATIVE USE OF FINES AND RESTITUTION PROGRAMS TO REDUCE THE PROFITS OF CRIME; GREATER EMPHASIS ON, AND INCREASED FUNDING FOR, CHILD ABUSE AND FAMILY VIOLENCE PREVENTION PROGRAMS. OTHER TOPICS DISCUSSED ARE A PUBLICITY SUBSIDIZED WORK PROGRAM FOR NON-DANGEROUS OFFENDERS, ESPECIALLY THOSE GUILTY OF STREET CRIMES AND IN THE TOTALLY-UNSKILLED CATEGORY; CURTAILMENT OF JUDICIAL DISCRETION BY BROAD APPELLATE REVIEW OF SENTENCES; AND ENACTMENT OF ADEQUATE VICTIMS COMPENSATION LAWS IN EACH STATE. APPROXIMATELY THREE-HUNDRED REFERENCES ARE CONTAINED IN FOOTNOTES. AN INDEX IS APPENDED.