IS THE END OF JUDICIAL SENTENCING IN SIGHT?

• NCJ Number: 38717
• Journal: Judicature Volume: 60 Issue: 5 Dated: (DECEMBER 1976) Pages: 216-222
• Author(s): J M KRESS; L T WILKINS; D M GOTTFREDSON
• Date Published: 1976
• Length: 7 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A MIDDLE COURSE BETWEEN RETAINING THE DISPARITY INHERENT IN EXISTING INDETERMINIATE PRACTICES AND LEGISLATIVELY MANDATING SENTENCES WHICH IGNORE JUSTIFIABLE DISTINCTIONS AMONG OFFENDERS IS PROPOSED.

Abstract

THE USE OF SENTENCING GUIDELINES, WHICH PROVIDE A MODEL OR SUGGESTED SENTENCE TO EACH TRIAL COURT JUDGE, IS DESCRIBED. THESE GUIDELINES WOULD EXPLAIN FOR THE SENTENCING JUDGE WHAT THE 'AVERAGE' SENTENCE OF ALL THE JUDGES IN THAT JURISDICTION IN THE RECENT PAST WOULD HAVE BEEN IN THE ACTUAL CASE BEFORE THAT JUDGE. GUIDELINE SENTENCES WOULD BE COMPUTED BY ASSIGNING VALUES TO CHARACTERISTICS OF BOTH THE CRIME AND THE CRIMINAL, AND LOCATING THOSE VALUES ON A SENTENCING GRID. THE VALUES THAT RESULTED IN AN OFFENSE SCORE (SERIOUSNESS OF THE OFFENSE) WOULD BE LOCATED ON THE Y AXIS AND THE OFFENDER SCORE VALUES (PRIOR RECORD AND SOCIAL STABILITY DIMENSION) WOULD BE LOCATED ON THE X AXIS. THE GUIDELINE SENTENCE WOULD BE IN THE CELL WHERE THE OFFENSE SCORE AND THE OFFENDER SCORE INTERSECT. THE RESULTS OF A FEASIBILITY DEMONSTRATION OF THIS GRID IN THE DENVER, COLORADO, DISTRICT COURT ARE PRESENTED.