NCJ Number
56160
Date Published
1979
Length
16 pages
Annotation
THE RELATIVE POWER OF JUDGES, BEHAVIORAL EXPERTS, PAROLE BOARDS, PROSECUTORS, AND LEGISLATURES IN THE SENTENCING PROCESS IS DISCUSSED.
Abstract
IN PART BECAUSE SOCIAL SCIENTISTS HAVE FAILED TO DEVELOP A DEFINITION OF POWER THAT IS APPLICABLE TO THE PROCESS OF SENTENCING, THERE IS AS YET NO CONCEPTUAL SCHEME THAT ADEQUATELY EXPLAINS THE DISTRIBUTION OF POWER IN SENTENCING. THIS LACK OF A UNIFYING FRAMEWORK HAS BLOCKED THE DEVELOPMENT OF SENTENCING RESEARCH, MAKING IT NECESSARY TO VIEW THE QUESTION OF POWER DISTRIBUTION AS IT RELATES SEPARATELY TO SEVERAL ISSUES: WHETHER SENTENCING JUDGES SHOULD BE REPLACED BY BEHAVIORAL EXPERTS, CONFLICTS OF POWER AND FUNCTION BETWEEN JUDGES AND PAROLE BOARDS, THE RELATIONSHIP BETWEEN PLEA BARGAINING AND SENTENCING, AND LEGISLATIVE CONTROL OVER SENTENCING. IN MOST DISCUSSIONS OF SENTENCING, DISTRIBUTION OF POWER IS AN ISSUE OF SECONDARY IMPORTANCE. SENTENCING IS THOUGHT OF IN TERMS OF BEHAVIORAL PREDICTION OR AS A SOCIAL CONCERN, RATHER THAN BEING TREATED AS AN EXERCISE OF POLITICAL POWER BY LAWMAKERS, JUDGES, SOCIAL SCIENTISTS, AND OTHERS. WITH THE DECLINE IN ACCEPTANCE OF 'SCIENTIFIC' SENTENCING--SENTENCING DIRECTED CONFIDENTLY TOWARD REHABILITATIVE AND DETERRENT GOALS--IT IS LIKELY THAT LEGISLATURES WILL MAKE COSMETIC CHANGES BUT LEAVE THE ACTUAL POWER DISTRIBUTION IN SENTENCING UNCHANGED. IN SOME STATES, LAWS MAY BE PASSED IMPOSING TIGHT CONTROLS ON PROSECUTORS, JUDGES, AND PAROLE BOARDS. BUT WHEN LAWMAKERS FIND THEMSELVES THE TARGETS OF CRITICISMS FORMERLY RESERVED FOR JUDGES AND PAROLE BOARDS, THEY MAY BE HAPPY TO TURN SENTENCING POWER BACK TO CRIMINAL JUSTICE PERSONNEL. MORE PROMISING DEVELOPMENTS ARE SENTENCING GUIDELINE PROPOSALS THAT SEEK TO STRUCTURE DISCRETION RATHER THAN ELIMINATE IT. (LKM)