MAKING THE PUNISHMENT FIT THE CRIME - A CONSUMER'S GUIDE TO SENTENCING REFORM

• NCJ Number: 40638
• Journal: Hastings Center Report Dated: (DECEMBER 1976) Pages: 13-17
• Author(s): F E ZIMRING
• Date Published: 1976
• Length: 5 pages
• Corporate Author: Institute of Soc, Ethics and the Life Sciences
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE IS A SUMMARY OF THE PRESENT ALLOCATION OF SENTENCING POWER IN THE CRIMINAL JUSTICE SYSTEM AND A DISCUSSION OF THE IMPLICATIONS OF THE STRUCTURAL REFORMS ADVOCATED IN SOME CURRENT LITERATURE.

Abstract

THE AUTHOR REVIEWS THE MULTIPLE DISCRETION OF THE LEGISLATURE, PROSECUTOR, JUDGE, AND PAROLE OR CORRECTIONAL AUTHORITY IN DETERMINING THE ACTUAL LENGTH OF CRIMINAL SENTENCES. PLEA BARGAINING, DISPARITY OF TREATMENT, AND UNCERTAINTY ARE ALL SEEN AS SYMPTOMS OF A LARGER MALAISE, THE ABSENCE OF RULES OR EVEN GUIDELINES IN DETERMINING THE DISTRIBUTION OF PUNISHMENTS. THE ALTERNATIVES OF PAROLE ABOLITION, FLAT-TIME OR DETERMINATE SENTENCING, AND LEGISLATIVE 'PRESUMPTIVE SENTENCING' ARE CONTRASTED WITH THE OBSTACLES TO REFORM: THE INCOHERENCE OF THE LAW, PROSECUTORIAL POWER, LEGISLATIVE VAGARIES, AND LACK OF CONSENSUS.