NCJ Number
52550
Date Published
1978
Length
18 pages
Annotation
THE HISTORICAL EVOLUTION OF THE SENTENCING HEARING, THE BASICALLY CEREMONIAL NATURE OF SUCH HEARINGS, AND THE PROCEDURES WHICH SHOULD BE REINSTATED TO INSURE FULL DUE PROCESS DURING SUCH HEARINGS ARE DISCUSSED.
Abstract
THE SENTENCING HEARING FOR FOUR DEFENDANTS IN THE WATERGATE SCANDAL IS EXAMINED TO ILLUSTRATE THE CEREMONIAL NATURE OF MOST SUCH HEARINGS IN THE UNITED STATES. THE EVOLUTION OF THE SENTENCING HEARING IN ENGLAND IS TRACED, AND ITS IMPORTANCE IN AMERICAN COLONIAL LAW IS EXAMINED. THESE HEARINGS ARE THE MOST FUNDAMENTAL PROCEEDING UNDER THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT. COURT DECISIONS UPHOLDING THE RIGHT TO FULL INFORMATION AT A SENTENCING HEARING ARE CITED. MANY STATE LEGISLATURES, ALTHOUGH VERY ACTIVE IN THE AREA OF SENTENCING REFORM, HAVE NOT EMPHASIZED THE ROLE OF THE SENTENCING HEARING, ESPECIALLY IN NONCAPITAL CASES. THE U.S. SUPREME COURT HAS FOUND A FULL SENTENCING HEARING MANDATORY BEFORE IMPOSING THE DEATH PENALTY. ALL INFORMATION IN PRESENTENCE REPORTS AND ALL OTHER DATA BEING CONSIDERED MUST BE GIVEN TO THE DEFENDANT, AND HE MUST HAVE THE RIGHT TO REBUT THE INFORMATION. POSSIBLE PROCEDURAL REQUIREMENTS OF A SENTENCING HEARING INCLUDE AN UNBIASED TRIBUNAL, CLEAR AND TIMELY NOTICE, THE RIGHT TO CALL WITNESSES, THE RIGHT TO COUNSEL, AND JUDICIAL REVIEW. IT IS SUGGESTED THAT AN EFFORT MUST BE MADE TO HIGHLIGHT THE CONSEQUENCES OF ALL SENTENCING DECISIONS, TO MAKE THE SENTENCING HEARING A MORE RESPONSIVE AND RELEVANT PROCEEDING, AND TO FORMULATE PROCEDURAL STANDARDS FOR SENTENCING HEARINGS. NOTES AND REFERENCES ARE APPENDED. (GLR)