NCJ Number
66804
Date Published
1978
Length
573 pages
Annotation
A SINGLE MANAGEABLE VOLUME OF SENTENCING RULES IS PRESENTED, WITH PRACTICAL SUGGESTIONS FOR THE JUDGE, LAWYER, OR PROBATION OFFICER WHO WISHES TO BE EFFECTIVE IN THE SENTENCING FIELD.
Abstract
ANY SOURCEBOOK ON THE SUBJECT OF SENTENCING MUST AVOID BOTH OVERSIMPLIFICATION AND ENCYCLOPEDIC LENGTH. ACCORDINGLY, THE STRATEGY OF THE BOOK IS TO FOCUS ON RECURRING SENTENCING ISSUES THAT FACE COURT AND COUNSEL IN TODAY'S CRIMINAL COURT. CASES, STATUTES, COURT RULES, AND COMMENTARY HAVE BEEN SELECTED FROM AUTHORITIES THROUGHOUT THE UNITED STATES TO ILLUSTRATE THE VARIOUS APPROACHES AVAILABLE ON THESE ISSUES. AFTER LOCATING THE RELEVANT APPROACHES TO ANY GIVEN SENTENCING ISSUE, THE READER SHOULD ASCERTAIN THE POSITION ADOPTED BY THE COURT IN QUESTION BY CONSULTING THAT JURISDICTION'S OWN SOURCES OF LAW. TOPICS DISCUSSED INCLUDE THE HISTORY OF SENTENCING, SENTENCING RATIONALES, SUSPENDED SENTENCE, PROBATION, INCARCERATION, SPECIAL OFFENDER SENTENCING, AND CONSTITUTIONAL CONSIDERATIONS. ADDITIONAL SUBJECTS INCLUDE BASIC SENTENCING PRINCIPLES; INFORMATION CONSIDERED BY THE SENTENCING JUDGE; DISCLOSURE OF THE COURT'S PRESENTENCE REPORT; THE ROLES OF THE JUDGE, PROBATION OFFICER, PROSECUTOR, AND DEFENSE COUNSEL; JUDICIAL SENTENCING REVIEW; AND EXECUTIVE SENTENCING REVIEW. THE FOUR BASIC SENTENCING RATIONALES IN EFFECT IN THIS COUNTRY ARE TO DETER CRIME, TO INCAPACITATE THE OFFENDER, TO VINDICATE THE SOCIAL ORDER, AND TO REHABILITATE THE OFFENDER. SENTENCING ALTERNATIVES INCLUDE FINES, RESTITUTION, FORFEITURE, PROBATION, WORK RELEASE, INCARCERATION, LIFE SENTENCE, AND THE DEATH SENTENCE. THE SINGLE MOST PERVASIVE PRINCIPLE ARISING FROM THE TOTALITY OF RULES ON SENTENCING IS THAT WHICH AFFORDS WIDE LATITUDE TO THE DISCRETION OF THE TRIAL JUDGE. NO OTHER SENTENCING PRINCIPLE HAS AS GREAT AN IMPACT ON THE ULTIMATE SENTENCE IMPOSED IN ANY GIVEN CASE. FOOTNOTES, A TABLE OF CASES, AN INDEX, AND A CUMULATIVE SUPPLEMENT ARE INCLUDED IN THE SOURCEBOOK. AMERICAN BAR ASSOCIATION STANDARDS RELATING TO SENTENCING ALTERNATIVES AND PROCEDURES, PROBATION, AND CRIMINAL APPEALS ARE APPENDED. (AUTHOR ABSTRACT MODIFIED)