NCJ Number
34885
Journal
Federal Probation Volume: 40 Issue: 1 Dated: (MARCH 1976) Pages: 21-24
Date Published
1976
Length
4 pages
Annotation
DISCUSSION OF THE NEED FOR IMPOSING INCREASED PENALTIES ON ORGANIZED CRIME FIGURES AND FOR MAXIMUM SUPERVISION (SURVEILLANCE) OF SUCH OFFENDERS RELEASED TO THE COMMUNITY THROUGH PROBATION OR PAROLE.
Abstract
VARIOUS FEDERAL AND SUPREME COURT DECISIONS ARE CITED DEALING WITH JUDICIAL SENTENCING DISCRETION BASED ON INFORMATION CONTAINED IN PRESENTENCE REPORTS (THOUGH NOT NECESSARILY ADMITTED INTO EVIDENCE). THE CONSENSUS IS THAT THE SENTENCING JUDGE HAS THE AUTHORITY TO IMPOSE LONGER PRISON TERMS ON ORGANIZED CRIME FIGURES UNDER EXISTING STATUTES AND CASE LAW PROVIDED MINIMUM DUE PROCESS STANDARDS (NOTICE, OPPORTUNITY TO BE HEARD, ETC.) ARE MET. THE BURDEN WAS PLACED ON LAW ENFORCEMENT OFFICIALS TO BRING TO THE ATTENTION OF THE COURT, THROUGH THE PROBATION OFFICE AND THE PRESENTENCE REPORT, ACCURATE, VERIFIED INFORMATION REGARDING THE DEFENDANT'S ORGANIZED CRIME ACTIVITIES. ALSO DISCUSSED IS THE DIFFICULTIES INVOLVED IN DEFINING ORGANIZED CRIME AND IN LABELING INDIVIDUALS ORGANIZED CRIME FIGURES AND THE NEED FOR SPECIAL PROBATION/PAROLE SUPERVISION OF THESE OFFENDERS. THE AUTHOR MAINTAINS THAT IF AN ORGANIZED CRIME FIGURE IS ABOUT TO BE SENTENCED, HE MUST BE LABELLED BY RELIABLE, CREDIBLE EVIDENCE AND THE ALLEGATION MUST BE SUPPORTED IN OPEN COURT. HE RECOMMENDS THAT SUPERVISION GUIDELINES BE ESTABLISHED JOINTLY BY THE ADMINISTRATIVE OFFICE AND THE JUSTICE DEPARTMENT AND STATES THAT THE INFORMAL PROCEDURES PRACTICED BY PROBATION OFFICERS, PROSECUTORS, AND CORRECTIONAL AND PAROLE OFFICIALS SHOULD BE FORMALIZED TO MEET THE TEST OF JUDICIAL SCRUTINY. (AUTHOR ABSTRACT MODIFIED)