NCJ Number
15818
Journal
Temple Law Quarterly Volume: 45 Issue: 3 Dated: (SPRING 1972) Pages: 351-369
Date Published
1972
Length
19 pages
Annotation
ADVOCATES INDIVIDUALIZED SENTENCING TO BE DETERMINED BY A COUNCIL OF BEHAVIORAL SCIENTISTS WHO WILL PRESCRIBE A REHABILITATION PROGRAM THAT WILL BE SUITED TO EACH OFFENDER.
Abstract
INDIVIDUALIZED SENTENCING IS NOT CONSIDERED TO BE A VIOLATION OF THE CONSTITUTIONAL RIGHT OF EQUALITY OF TREATMENT UNDER THE LAW SINCE IT AIMS TO HELP EACH INDIVIDUAL TO FIND A NONCRIMINAL ADJUSTMENT TO THE DOMINANT SOCIAL ORDER. IT IS RECOMMENDED THAT THE DETERMINATION OF SENTENCE BE INDEPENDENT OF THE TRIAL PROCEEDINGS AND BE REMOVED FROM THE PROVINCE OF THE JUDGE TO BE ENTRUSTED TO THOSE TRAINED IN BEHAVIOR MODIFICATION. IT IS ALSO SUGGESTED THAT A SENTENCING PROGRAM BE SUBJECT TO REVISION THROUGH INFORMAL EVALUATION PROCESSES THAT ASSESS THE EFFECTIVENESS OF A GIVEN PROGRAM AND THE PROGRESS OF A CLIENT.