IMPLEMENTING AN EQUITABLE SENTENCING SYSTEM - THE UNIFORM LAW COMMISSIONERS' MODEL SENTENCING AND CORRECTIONS ACT

• NCJ Number: 66774
• Journal: Virginia Law Review Volume: 65 Issue: 7 Dated: (NOVEMBER 1979) Pages: 1175-1285
• Author(s): H S PERLMAN; C G STEBBINS
• Date Published: 1979
• Length: 111 pages
• Corporate Author: Virginia Law Review Assoc
• Sale Source: Fred B Rothman & Co; Institute for Scientific Information
• Language: English
• Country: United States of America
• Note: PRICE QUOTED FOR FRED B. ROTHMAN AND COMPANY IS FOR ENTIRE ISSUE.

Annotation

THE MODEL SENTENCING AND CORRECTIONS ACT PROVIDES FOR A SENTENCING PROCESS COMMITTED TO EQUITABLY ALLOCATING PENALTIES AMONG CRIMINAL OFFENDERS. IMPLEMENTATION PROBLEMS OF THIS SENTENCING REFORM ARE EXAMINED.

Abstract

THE MODEL SENTENCING AND CORRECTIONS ACT, AS PROMULGATED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS, IS A PROPOSAL THAT ENCOMPASSES THE FULL RANGE OF ISSUES, RECOGNIZING THAT SENTENCING POWER IS DISPERSED WIDELY TO NUMEROUS AGENCIES AND INDIVIDUALS IN THE CRIMINAL JUSTICE SYSTEM AND THAT REFORM EFFORTS MUST EXTEND BEYOND THE COURTROOM OF THE SENTENCING JUDGE. FOR THIS REASON, THE SENTENCING REFORM POSSIBILITIES EVALUATED HERE ARE CONSIDERED IN RELATION TO SPECIFIC LEVELS OF SENTENCING POWER IN THE CRIMINAL JUSTICE SYSTEM. THE LEGISLATURE'S ROLE IN ESTABLISHING PARAMETERS OF DETERMINATE SENTENCING IS DISCUSSED FIRST, THE ANALYSIS ADDRESSING THE PURPOSES AND PRINCIPLES OF SENTENCING AND THE NATURE AND SELECTION OF SENTENCING VARIABLES. IN ADDITION, SENTENCING ALTERNATIVES, CONCURRENT AND CONSECUTIVE SENTENCES, AND THE MAXIMUM LENGTH OF STATUTORY SENTENCES ARE DISCUSSED. SECOND, THE PROPOSED SENTENCING COMMISSION'S ROLE IS EXPLAINED ON THE BASIS OF THE COMMISSION'S INTENDED PURPOSE--THE SENTENCING GUIDELINES IT IS EXPECTED TO CONSTRUCT. THIRD, THE COURT'S SENTENCING POWER IS ANALYZED THROUGH THE STUDY OF SENTENCING GUIDELINES, DEVIATION FROM APPELLATE REVIEW, AND SUSPENDED SENTENCES. FOURTH, SENTENCING POWER OF THE PAROLE BOARD IS ADDRESSED. THIS BODY IS DEEMED UNNECESSARY UNDER THE PROPOSED DETERMINATE SENTENCING SYSTEM. ITS PRESENT FUNCTIONS OF AFFECTING INMATE DISCIPLINE AND CONTROL, RELIEVING PRISON OVERCROWDING, AMELIORATING DISPARITY OF SENTENCING, AND PROVIDING COMPASSION ARE EVALUATED. FINALLY, THE SENTENCING POWERS OF THE PROSECUTORS AND THE CORRECTIONAL BUREAUCRACY ARE DISCUSSED. SENTENCING REFORM IS URGED ON AS WIDE A SCALE AS IS OUTLINED HERE; I.E., THROUGHOUT THE SYSTEM. FOOTNOTES AND SELECTED SENTENCING PROVISIONS ARE PROVIDED.