JUDICIAL ANALYSIS AND CRITIQUE OF THE NEW DRUG AND SENTENCING LAWS

• NCJ Number: 13034
• Journal: New York State Bar Journal Volume: 46 Issue: 1 Dated: (JANUARY 1974) Pages: 9-19
• Author(s): E L SIGNORELLI
• Date Published: 1974
• Length: 11 pages
• Corporate Author: New York State Bar Assoc
• Publication Format: Article

Annotation

DISCUSSION OF REVISIONS OF NEW YORK LAWS INTENDED TO RESTRICT SENTENCING DISCRETION AND PLEA BARGAINING, AND INCREASE PENALTIES FOR DRUG-RELATED OFFENSES.

Abstract

IN ADDITION TO OUTLINING SPECIFIC CODE SECTIONS WHICH RADICALLY ALTER PRIOR PROCEDURE, THE AUTHOR ARGUES THAT THE PUNATIVE THRUST OF THE NEW LEGISLATION AND ACCOMPANYING UNINTENDED EVILS MAY OUTWEIGH ITS INTENDED GOAL OF DETERRING CRIME. HE CONTENDS THAT IN RESTRICTING SENTENCING DISCRETION, THE LEGISLATURE HAS FORBIDDEN JUDGES FROM EVALUATING EACH CASE ON ITS MERITS, ALLOWING MERCY OR HARSHNESS AS THE FACTS WARRANT. RIGID PLEA REQUIREMENTS, IN ADDITION, ARE BOUND TO ADD TO COURT CONGESTION. HAVING KNOWLEDGE THAT A CONVICTION WILL BE ACCOMPANIED BY A HARSH JAIL SENTENCE, JURIES MAY BE MORE HESITANT TO CONVICT AND MAY REQUIRE A QUANTUM OF PROOF GREATER THAN GUILT BEYOND A REASONABLE DOUBT.