FAIR AND CERTAIN PUNISHMENT - REPORT OF THE TWENTIETH CENTURE FUND TASK FORCE ON CRIMINAL SENTENCING

• NCJ Number: 34356
• Author(s): ANON
• Date Published: 1976
• Length: 151 pages
• Corporate Author: Twentieth Century Fund/Century Foundation
• Sale Source: McGraw-Hill Publishing Co
• Language: English
• Country: United States of America

Annotation

INCLUDED IN THIS TEXT ARE THE REPORT AND RECOMMENDATIONS OF THE TASK FORCE IN WHICH AN END TO INDETERMINATE SENTENCING IS PROPOSED; THE TEXT OF A BACKGROUND PAPER ON METHODS OF CRIMINAL SENTENCING IS ALSO PROVIDED.

Abstract

THE TASK FORCE REPORT REVIEWS ISSUES IN THE PRESENT SENTENCING STRUCTURE, REVIEWS SUCH REFORM PROPOSALS AS FLAT-TIME AND MANDATORY MINIMUM SENTENCING, AND OFFERS A PROPOSAL OF ITS OWN: PRESUMPTIVE SENTENCING. UNDER THIS METHOD, THE LEGISLATURE WOULD RETAIN THE POWER TO MAKE BROAD POLICY DECISIONS AND THE SENTENCING JUDGE WOULD HAVE SOME DEGREE OF GUIDED DISCRETION; HOWEVER, PERSONS CONVICTED OF COMMITTING A CRIME OWULD PREDICTABLY INCUR A PARTICULAR SENTENCE UNLESS SPECIFIC MITIGATING OR AGGRAVATING FACTORS ARE ESTABLISHED. THE APPENDICES TO THIS REPORT INCLUDE AN ILLUSTRATIVE PRESUMPTIVE SENTENCING STATUTE FOR ARMED ROBBERY, AND AN ILLUSTRATIVE LIST OF CRIMES AND PRESUMPTIVE SENTENCES. THE BACKGROUND PAPER DISCUSSES SUCH ISSUES AS THE PURPOSES AND MECHANISMS OF THE CRIMINAL SENTENCE, INDETERMINATE SENTENCING, AND RECENT JUDICIAL LIMITS ON INDETERMINATE SENTENCING. (AUTHOR ABSTRACT MODIFIED)