NCJ Number
45556
Date Published
1977
Length
16 pages
Annotation
THE TRAINING OF JUDGES INVOLVED IN THE CRIMINAL JUSTICE SYSTEM, THE PRESENTENCING REPORT, AND THE STRUCTURE OF SENTENCES ARE EXAMINED; REFLECTIONS ON THE QUESTION OF POWER-SHARING BETWEEN JUDGES AND EXECUTIVES ARE MADE.
Abstract
THIS ARTICLE DRAWS EXTENSIVELY ON A 1974 REPORT OF A SUBCOMMITTEE OF THE EUROPEAN COMMITTEE ON CRIME PROBLEMS ON THE SUBJECT OF SENTENCING, REFERRED TO AS THE STRASBOURG REPORT. THE REPORT STATED THAT JUDGES SHOULD BE PROVIDED WITH THE AVAILABLE SCIENTIFIC AND TECHNICAL INFORMATION IN THEIR TRAINING, E.G., SENTENCING SEMINARS COULD BE CONDUCTED. THE AUTHOR'S MAIN CONCERN WITH THE DEMAND THAT JUDGES BECOME BETTER ACQUAINTED WITH THE SOCIAL SCIENCES IS NOT THAT THEY MAY THEREBY BECOME MORE COMPETENT, BUT THAT THEY MAY BECOME MORE VULNERABLE TO CRITICISM: THEY MAY BE INSUFFICIENTLY COMPETENT TO REALLY DO A PROFESSIONAL SOCIAL SCIENCE JOB, AND AT THE SAME TIME NOT REALIZE THEIR INSUFFICIENCY. THE DEGREE TO WHICH SPECIALIZED TRAINING SHOULD GO WILL VARY ACCORDING TO THE OPERATIONAL REQUIREMENT IN DIFFERENT COUNTRIES AND DIFFERENT JURISDICTIONS. QUESTIONS SURROUNDING THE NOTION OF PRESENTENCE REPORTS TO FACILITATE THE TASK OF THE SENTENCING JUDGE CONCERN THE KINDS OF CASES WHERE SUCH A REPORT IS REQUIRED, WHEN IT SHOULD BE PRODUCED, WHAT KIND OF INFORMATION IT SHOULD CONTAIN, AND THE NATURE OF THE ADVICE OR OPINIONS EXPRESSED, AS WELL AS THE CONFIDENTIALITY OF THE CONTENTS. REGARDING SENTENCE STRUCTURE, THE AUTHOR FEELS THAT, WITH THE IMPORTANT EXCEPTION OF CASES EXHIBITING CLEAR EVIDENCE OF MENTAL DISORDER, AND POSSIBLY ALL MURDER CASES, THE DEFINITE SENTENCE IS TO BE PREFERRED TO THE INDETERMINATE SENTENCE. THE LEGISLATURE MUST, HOWEVER, PROVIDE THE JUDGE WITH A SUITABLE FRAMEWORK WITHIN WHICH TO EXERCISE THE SENTENCING CHOICE. A SCIENTIFIC COMPARISON OF THE LEVEL OF SENTENCING BETWEEN MEMBER STATES OF THE COUNCIL OF EUROPE WAS DIFFICULT TO PERFORM, ACCORDING TO THE STRASBOURG REPORT. THE STRASBOURG REPORT ALSO DISCUSSES THE CHANGING ROLE OF THE JUDGE IN RELATION TO THE PENAL ADMINISTRATION AND REACHES THE CONCLUSION THAT DEVELOPMENTS ARE LIKELY TO TAKE PLACE IN THE DIRECTION OF GIVING THE JUDGE ADDITIONAL FUNCTIONS IN SENTENCE SUPERVISION. THE AUTHOR CONCLUDES THAT A NEW FORMULA MUST BE SOUGHT TO DEFINE THE ROLE OF THE JUDGE IN SENTENCING AND TO EXPRESS THE RELATIONSHIP OF SENTENCING TO THE COMPLEMENTARY ROLES OF PENAL ADMINISTRATOR, SOCIAL WORKER, AND PERSONS CHARGED WITH DISCRETIONARY POWERS CONCERNING THE OFFENDER'S CONDUCT FOLLOWING CONVICTION (E.G., PAROLE BOARD MEMBERS AND MEDICAL DOCTORS). NOTES ARE SUPPLIED. (DAS)