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FUTURE OF SENTENCING REFORM - EMERGING LEGAL ISSUES IN THE INDIVIDUALIZATION OF JUSTICE

NCJ Number
31769
Journal
Michigan Law Review Volume: 73 Issue: 8 Dated: (AUGUST 1975) Pages: 1361-1462
Author(s)
J C COFFEE
Date Published
1975
Length
102 pages
Annotation
THIS ARTICLE FOCUSES ON THE MECHANICS OF THE PROCESS OF INDIVIDUALIZATION: THE MANNER IN WHICH DISPOSITIONAL INFORMATION IS COLLECTED, THE QUALITY OF DATA, AND THE WAYS IN WHICH IT IS USED BY CORRECTIONAL DECISION MAKERS.
Abstract
THE AUTHOR FIRST EXAMINES ISSUES RELATING TO THE KIND OF INFORMATION COLLECTED AND UTILIZED IN THE MAKING OF DISPOSITIONAL DECISIONS. THE THREE BASIC METHODOLOGIES EMPLOYED TO ANALYZE THAT DATA ARE THEN DISCUSSED. THESE INCLUDE THE 'CASE ATTRIBUTE' SYSTEM OF THE CASEWORKER, THE ACTUARIAL TECHNIQUES OF THE STATISTICIAN, AND THE TYPOLOGICAL CLASSIFICATION SYSTEMS OF THE CLINICIAN. A DISCUSSION OF THE LEGAL REMEDIES EITHER DEVELOPING OR FORESHADOWED BY THE CURRENT CASE LAW IS PROVIDED IN ORDER TO MEASURE THEIR EFFECTIVENESS AGAINST THE PROBLEMS NOTED IN THE ARTICLE. FINALLY, ALTERNATIVE CONFIGURATIONS TO THE CURRENT STRUCTURE OF DISPOSITIONAL DECISION-MAKING ARE CONSIDERED. (AUTHOR ABSTRACT MODIFIED)