NCJ Number
35873
Journal
West Virginia Law Review Volume: 77 Issue: 2 Dated: (FEBRUARY 1975) Pages: 263-326
Date Published
1975
Length
64 pages
Annotation
THIS ARTICLE HIGHLIGHTS SOME OF THE MAJOR PROBLEMS, SOURCES OF CONFUSION, AND MATTERS OF CONTROVERSY SURROUNDING EXISTING SENTENCING PRACTICES AND PROPOSES A NEW MODEL FOR CRIMINAL SANCTIONING.
Abstract
THE SUBJECT AREAS ADDRESSED INCLUDE SENTENCING DISCRETION, LACK OF CLARITY OR CONSENSUS REGARDING THE PURPOSES TO BE SERVED IN IMPOSING CRIMINAL SANCTIONS, DISPARITY IN SENTENCING, THE ACCEPTABILITY OF CURRENT SANCTIONS BY HUMANITARIAN AND LEGAL STANDARDS, AND THE PAROLE RELEASE FUNCTION AS A PART OF SENTENCING. THE PRIMARY FOCUS IS THE IMPACT OF THE LEGISLATURE, JUDICIARY, AND PAROLING AUTHORITIES ON THE SANCTIONING PROCESS AND THE ENDEMIC FLAWS IN THE CRIMINAL JUSTICE PROCESS. THE MAJOR TYPES OF REFORM THAT HAVE BEEN SUGGESTED ARE ALSO SUMMARIZED. IDENTIFIED AS ONE OF THE MAJOR FLAWS IN THE CRIMINAL JUSTICE PROCESS IS THE FAILURE OF THE LEGISLATIVE BRANCH TO DEVELOP AND DECLARE A COHERENT PUBLIC POLICY TO GOVERN THE CRIMINAL SANCTIONING PROCESS. AN ALTERNATIVE SANCTIONING SYSTEM IS PROPOSED IN WHICH THE SYSTEM DESIGN WOULD FOCUS ON THE FUTURE (THE DESIRED CONSEQUENCES FOR SOCIETY) WHILE SYSTEM OPERATIN OPERATION BE BASED ON THE PAST (ON THE OFFENSE FOR WHICH THE INDIVIDUAL HAS BEEN CONVICTED IN THE INSTANT CASE.)