NCJ Number
57123
Date Published
1978
Length
64 pages
Annotation
RESEARCH TO IDENTIFY THE PROCESS BY WHICH CRIMINAL OFFENSES ARE ASSIGNED MAXIMUM PENALTIES AND TO ASSESS THE RELATION BETWEEN STATUTORY MAXIMUM PENALTIES AND JUDICIAL SENTENCING PRACTICES IN ENGLAND IS REPORTED.
Abstract
THE PRIMARY FOCUS OF THIS RESEARCH IS ON THE TRANSITION OF THE PENALTY STRUCTURE OF CRIMINAL LAW FROM WIDESPREAD CAPITAL PUNISHMENT TO PENALTIES MEASURED IN TERMS OF PENAL SERVITUDE. MAXIMUM PENALTIES BEGAN TO APPEAR IN LEGISLATION ENACTED DURING THE 19TH CENTURY TO RESTRICT THE SCOPE OF THE DEATH PENALTY. EXTENSIVE JUDICIAL DISCRETION BECAME AN INCREASINGLY IMPORTANT ELEMENT IN THE SENTENCING STRUCTURE AS THE PENAL SYSTEM UNDERWENT REFORM. THE BASIC STRUCTURE OF MAXIMUM SENTENCES WAS FOUNDED ON THE CONSOLIDATING ACTS OF 1961. THE OBJECTIVE OF THESE ACTS WAS CONSOLIDATION RATHER THAN CODIFICATION AND, AS A RESULT, OFFENSES DEALING WITH CLOSELY RELATED SUBJECTS OFTEN HAD WIDELY VARYING MAXIMUM PENALTIES. THE DEATH PENALTY WAS REMOVED FROM SEVERAL OFFENSES, INCLUDING WOUNDING WITH INTENT TO MURDER AND DAMAGING A SHIP WITH INTENT TO MURDER. THIS LEGISLATION SURVIVED INTACT FOR 3 YEARS. THE PENAL SERVITUDE ACT OF 1865 ESTABLISHED A SERIES OF CONVENTIONS RELEVANT TO MAXIMUM TERMS OF CONFINEMENT, AND SUBSEQUENT LEGISLATION DURING THE LATTER PART OF THE 1800'S AND DURING THE 1900'S CHANGED THE STRUCTURE OF THE PENAL SYSTEM. POLICIES OF THE CRIMINAL LAW REVISION COMMITTEE APPOINTED IN 1957 AND THE LAW COMMISSION CREATED IN 1965 HELPED TO REDUCE A MULTIPLICITY OF CRIMES INTO A RELATIVELY SMALL NUMBER OF BROADLY-DEFINED OFFENSES. A BIBLIOGRAPHY AND INDEX ARE INCLUDED. (DEP)