NCJ Number
58474
Journal
University of Colorado Law Review Volume: 49 Issue: 4 Dated: (SUMMER 1978) Pages: 473-491
Date Published
1978
Length
19 pages
Annotation
COORDINATION OF SENTENCING PROCEDURES FOR CRIMINALS CONVICTED OF CRIMES IN DIFFERENT JURISDICTIONS IS PROPOSED, INCLUDING A DISCUSSION OF AN INTERSTATE COMPACT.
Abstract
THE NEED FOR A PROCEDURE TO COORDINATE SENTENCES GIVEN OUT BY DIFFERENT JURISDICTIONS FOR DIFFERENT CRIMES TO THE SAME INDIVIDUAL IS DISCUSSED. HOW SHALL A CRIMINAL SERVE SENTENCES FROM DIFFERENT JURISDICTIONS, CONCURRENTLY OR CONSECUTIVELY? CURRENT PRACTICES VARY, BUT MOST STATES FAVOR THE USE OF CONCURRENT SENTENCES, EXCEPT FOR CASES WHERE THE DEFENDANT REPRESENTS AN UNUSUAL THREAT TO PUBLIC SAFETY. ARGUMENTS ARE PRESENTED ON BOTH CURRENT PRACTICES. IT IS ARGUED THAT CONCURRENT SENTENCING ALLOWS THE DEFENDANT TO ESCAPE HAVING TO SERVE A SENTENCE FOR THE SECOND CRIME. THE ARGUMENTS OF THOSE STATES RELUCTANT TO MERGE SENTENCES HAVE IGNORED THE PROBLEMS WITH CONCURRENT SENTENCES AND STRESSED THE PROBLEMS OF THE LACK OF EXTRA-TERRITORIALITY OF LAW, WHICH IS NO LONGER A VALID ARGUMENT. STATES ARGUE THAT THEY CANNOT CONTROL THE QUALITY OF THE TIME IN ANOTHER STATE, THAT THE SENTENCE WILL MEET THE GOALS OF THE OTHER JURISDICTION, NOT THEIRS. ARGUMENTS PRESENTED IN FAVOR OF MERGING SENTENCES INCLUDE THE ADDITIONAL FLEXIBILITY TO JUDGES TO SHAPE SENTENCES TO FIT THE DEFENDANT, AND THE POSSIBILITY OF GAINING COOPERATION BY OFFERING THE DEFENDANT THE CHANCE TO SERVE THE SENTENCE CONCURRENTLY WITH THAT OF ANOTHER JURISDICTION. AN INTERSTATE COMPACT IS CALLED FOR TO ESTABLISH AND COORDINATE PROCEDURES. A PROPOSED INTERSTATE COMPACT FOR MULTIPLE SENTENCING IS APPENDED. EXTENSIVE FOOTNOTES ARE PROVIDED. (KCP).