NCJ Number
59412
Date Published
1979
Length
176 pages
Annotation
THE IMPLEMENTATION OF A COMMENSURATE DESERTS APPROACH TO SENTENCING, I.E., ONE IN WHICH SENTENCES ARE BASED ON THE NATURE OF THE OFFENSE, IS DISCUSSED.
Abstract
COMMENSURATE DESERTS SENTENCING HAS TWO BASIC TENETS: (1) PEOPLE WHO HAVE COMMITTED SIMILARLY SERIOUS OFFENSES (IN TERMS OF HARM DONE AND THREATENED) SHOULD BE BLAMED AND PUNISHED SIMILARLY (WITH ANY DIFFERENCES IN SENTENCE ACCOUNTED FOR BY DIFFERENCES IN THE WAY THE CRIME ITSELF WAS PERPETRATED) AND (2) SENTENCES SHOULD BE PROPORTIONATE TO THE SERIOUSNESS OF THE OFFENSE. SUCH AN APPROACH REQUIRES A RESTRUCTURING OF THE SENTENCING SYSTEM, WHICH CAN BEST BE ACCOMPLISHED BY A COMMISSION REPRESENTATIVE OF ALL ACTORS IN THE CRIMINAL JUSTICE PROCESS. THE COMMISSION MUST DETERMINE THE STRUCTURE OF THE SENTENCING SCHEME, DEFINE THE PRESUMPTIVE SENTENCES TO BE IMPOSED FOR VARIOUS OFFENSES OR TYPES OF OFFENSES, AND THEN SPECIFY AGGRAVATING AND MITIGATING CIRCUMSTANCES UNDER WHICH JUDGES MAY VARY FROM THE PRESUMPTIVE SENTENCES. A COMMENSURATE DESERTS APPROACH NEED NOT LEAD TO OVERCROWDED PRISONS. NOR DOES IT REQUIRE THAT EFFORTS TO REHABILITATE OFFENDERS BE ABANDONED. IT DOES, HOWEVER, REQUIRE THAT POSTSENTENCE METHODS FOR REDUCING IMPOSED SANCTIONS (E.G., PAROLE, GOOD-TIME ALLOWANCES) BE MINIMIZED AND THAT PLEA BARGAINING AT LEAST BE LIMITED THROUGH GUIDELINES. A STATE-BY-STATE ANALYSIS OF THE STATUS OF SENTENCING REFORMS SHOWS LITTLE PROMISE. MANY REFORMERS HAVE USED THE DESERTS MODEL ONLY TO LEND LEGITIMACY TO PUNISHMENT, IGNORING THE MODEL'S REQUIREMENT OF MODERATION IN PUNISHMENT. CALIFORNIA IS THE ONLY JURISDICTION WITH SOME HOPE OF ACHIEVING EQUALITY IN SENTENCING, BUT DATA ON DISPOSITIONS UNDER THAT STATE'S PRESUMPTIVE SENTENCING LAW INDICATE THAT THE HOPE IS SLIM. THE LIMITATIONS OF REFORM EFFORTS TO DATE NEED NOT PRECLUDE EFFECTIVE REFORMS IN THE FUTURE, IF THOSE REFORMS TRULY REFLECT A COMMENSURATE DESERTS MODEL. A MODEL SENTENCING REFORM ACT, A BIBLIOGRAPHY, AND AN INDEX ARE PROVIDED.