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SENTENCING GUIDELINES - A MORE POSITIVE APPROACH FOR DETERMINATE SENTENCING

NCJ Number
49753
Author(s)
ANON
Date Published
1977
Length
13 pages
Annotation
THIS REPORT STUDIES VARIOUS ALTERNATIVES TO CURRENT SENTENCING PRACTICES IN MINNESOTA AND RECOMMENDS THE ESTABLISHMENT OF A SENTENCING COMMISSION TO SET JUDICIAL GUIDELINES AND PRISON RELEASE POLICIES.
Abstract
THIS REPORT BY A SUBCOMMITTEE OF THE MINNESOTA CITIZENS COUNCIL ON DELINQUENCY AND CRIME FINDS THAT THE PRESENT SENTENCING SYSTEM, BASED ON INDETERMINATE LENGTHS OF INCARCERATION, RELEASE BY A PAROLE BOARD, AND VARIOUS ALTERNATIVES TO IMPRISONMENT SUCH AS PROBATION, IS NOT PROVING A DETERRENT TO CRIME. FURTHER, INCONSISTENCIES IN SENTENCING ARE UNDERMINING RESPECT FOR THE CRIMINAL JUSTICE SYSTEM. THE SUBCOMMITTEE EXAMINES THE ADVANTAGES AND DISADVANTAGES OF LEGISLATIVELY DETERMINED SENTENCES AND DECIDES THAT SUCH AN APPROACH IS TOO RIGID. IT IS CONCLUDED THAT THE MINNESOTA SUPREME COURT SHOULD APPOINT A SENTENCING COMMISSION COMPOSED OF PERSONS EXPERIENCED IN CRIMINAL JUSTICE TO ESTABLISH GUIDELINES AND SUGGEST MINIMUM RECOMMENDED SENTENCES FOR VARIOUS OFFENSES. THIS WOULD STILL ALLOW JUDICIAL DISCRETION FOR UNUSUAL CASES. IT IS ALSO RECOMMENDED THAT THE COMMISSION CONSIDER ESTABLISHING STANDARDIZED RELEASE POLICIES FOR CORRECTIONAL INSTITUTIONS, THAT THE PAROLE BOARD BE ABOLISHED, AND THAT A PLAN FOR CONTINUING EVALUATION OF SENTENCING REFORMS BE ESTABLISHED. A SERIES OF QUESTIONS ON SENTENCING ARE ANSWERED.