Sentencing (From Criminal Justice Administration Cases and Materials, Fourth Edition, P 1139-1231, 1991, Frank W Miller, Robert O Dawson, et al. -- See NCJ-129355)

• NCJ Number: 129380
• Author(s): F W Miller; R O Dawson; G E Dix; R I Parnas
• Date Published: 1991
• Length: 93 pages
• Sale Source: Foundation Press
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This chapter on sentencing considers sentencing goals, the sentencing system structure, procedural issues in sentencing, alternatives or supplements to incarceration, and the sentencing problem.

Abstract

The discussion of sentencing goals addresses deterrence, incapacitation, rehabilitation, and retribution. The discussion of the structuring of the sentencing system covers the problem of discretion in sentencing, the control of sentencing discretion by appellate review, and reduction in discretion through determinate sentencing. Regarding the control of sentencing discretion by appellate review, the U.S. Supreme Court cases reviewed pertain to appellate review of sentencing considerations (United States v. Grayson) and appellate review of the sentences imposed (Solem v. Helm). Cases relevant to the reduction of discretion by determinate sentencing pertain to State reforms and the Sentencing Reform Act of 1984 (Mistretta v. United States). The discussion of procedural issues in sentencing addresses the development of sentencing information (Gardner v. Florida); defense counsel's role (Mempa v. Rhay); and the prosecutor's role. A review of the alternatives or supplements to incarceration covers probation, fines, and restitution. The chapter concludes with the presentation of a sentencing problem in which the reader is asked to determine sentencing based on a presentence report. Case notes are included.