SENTENCING - A JUDGE'S INHERENT RESPONSIBILITY

• NCJ Number: 11922
• Journal: Judicature Volume: 57 Issue: 3 Dated: (OCTOBER 1973) Pages: 105-110
• Author(s): J S MATTINA
• Date Published: 1973
• Length: 6 pages
• Corporate Author: American Judicature Soc
• Sale Source: St Martin's Press
• Language: English
• Country: United States of America

Annotation

ONE JUDGE'S VIEW OF THE SENTENCING ROLE OF THE JUDICIARY IN LIGHT OF THE ADVISORY COUNCIL OF JUDGES' MODEL SENTENCING ACT.

Abstract

AUTHOR CONTENDS THAT SENTENCING IS INHERENT IN THE ROLE OF THE JUDGE, AND THOSE WHO WOULD RESTRICT HIS DISCRETION DEMEAN THE ENTIRE JUDICIARY. HE SUGGESTS THAT THE BETTER VIEW WOULD BE FOR JUDGES TO SENTENCE IN ACCORDANCE WITH THE MODEL SENTENCING ACT, PROVISIONS OF WHICH ARE INCLUDED IN THE ARTICLE. THIS ACT POSTULATES THAT PERSONS CONVICTED OF CRIME SHOULD BE DEALT WITH IN ACCORDANCE WITH THEIR INDIVIDUAL CHARACTERISTICS, CIRCUMSTANCES, AND POTENTIALS, THAT THE PUBLIC MUST BE ADEQUATELY PROTECTED AGAINST DANGEROUS CRIMINALS, AND THAT MINIMUM SENTENCES ARE COUNTERPRODUCTIVE TO THE GOAL OF REHABILITATION.