NCJ Number
59969
Journal
Deviance et societe Volume: 2 Issue: 1 Dated: (MARCH 1978) Pages: 77-95
Date Published
1978
Length
19 pages
Annotation
LITERATURE AND ISSUES RELEVANT TO DETERMINATION OF CRIMINAL SENTENCES ARE REVIEWED.
Abstract
STUDIES OF JUDICIAL DECISION PROCESSES, WHICH WERE LONG AVOIDED TO PROTECT THE SANCTITY OF THE LEGAL PROFESSION AND OF LAW, ARE NEEDED TODAY BECAUSE OF BROAD DISCRETIONARY POWERS GRANTED TO JUDGES IN CHOOSING CRIMINAL SANCTIONS. THE BROADER AREAS CONSIDERED ARE THE JUDGES' FIELD OF OPERATION, INCLUDING THEIR RELATIONSHIP TO THE POLICE AND DECISIONS REGARDING WHICH CASES TO PROSECUTE; JURIDICIAL FACTORS AFFECTING DECISIONS (E.G., TYPES OF OFFENSE, NUMBER OF GUILTY VERDICTS, OFFENDERS' POLICE RECORDS, AND EXPERT OPINIONS); AND THE DIVERSITY OF CASES TO BE TREATED SOCIOLOGICALLY AND REGIONALLY, FROM THE OFFENDERS' STANDPOINT AND ACCORDING TO THE TYPES OF OFFENSE. JUDGES THEMSELVES MUST ALSO BE STUDIED ESPECIALLY REGARDING THE EFFECT OF HUMAN FAILINGS ON JUDGES' EXERCISE OF POWER, THE EFFECTS OF PERSONALITY ON JUDGES' DECISIONS, AND THE DIVERGENCE BETWEEN JUDGES' IDEAL IMAGE AND THEIR IMAGE BASED ON EVERYDAY REALITY. ALSO CONSIDERED ARE ETHNOGRAPHIC OBSERVATIONS OF COURT PROCEEDINGS AND THE RELATIONSHIPS AMONG THE VARIOUS PARTICIPANTS; ANALYSES OF TECHNIQUES USED IN DECIDING SENTENCES (NOTABLY TRADITION AND INTUTION); MODELS FOR SENTENCING; POSSIBILITIES FOR ELIMINATING DISPARITIES BETWEEN SENTENCES; AND COMPARISONS MADE AT A 1973 COUNCIL OF EUROPE MEETING SHOWING THE NATURE OF DIFFERENCES AMONG THE JURIDICIAL SYSTEMS, CRIMINAL LAWS, AND PENALTIES PROPOSED. IT IS CONCLUDED THAT THE CONSIDERABLE VOLUME OF RECENT LITERATURE ON SENTENCING PRACTICES HAS RAISED THE QUESTION OF WHETHER JUDGES SHOULD RETAIN THE POWER TO IMPOSE SENTENCES WITHOUT ESTABLISHING WHICH FACTORS SHOULD AFFECT SENTENCING. EXTENSIVE NOTES ARE SUPPLIED. --IN FRENCH. (KMD)