NCJ Number
11738
Editor(s)
W S CARR,
V J CONNELLY
Date Published
1973
Length
97 pages
Annotation
LISTING OF ARTICLES FROM 'FEDERAL RULES DECISIONS' AND LAW REVIEWS SINCE 1952.
Abstract
THIS REPORT BEGINS WITH A NARRATIVE REVIEW OF THE CONCERNS OF SENTENCING LITERATURE, STARTING IN 1952 WITH THE WORK ON THE MODEL PENAL CODE, AND DRAWS SOME CONCLUSIONS ABOUT THE DIRECTION OF SENTENCING REFORM. THE ARTICLES WHICH PROVIDE A BACKGROUND TO THE PROBLEMS OF SENTENCING FOCUS ON THE CONFLICT BETWEEN RETRIBUTION, DETERRENCE AND REHABILITATION AS THEORIES OF PUNISHMENT. SEPARATE SECTIONS OF THE DOCUMENT ARE DEVOTED TO THE FOLLOWING TOPICS - GUILTY PLEAS AND PLEA BARGAINING, INDETERMINATE SENTENCES, JURY SENTENCING, APPELLATE REVIEW OF SENTENCES, INCREASES IN SENTENCE AND CREDIT FOR TIME SERVED, AND PRE-SENTENCE REPORTS. ARTICLES CONCERNED WITH SPECIAL PROGRAMS OF TREATMENT AND NON-CONFINEMENT (PROBATION, PAROLE, AND WORK-RELEASE) ARE LISTED AS WELL AS THOSE DEALING WITH CERTAIN GROUPS OF OFFENDERS (JUVENILES, MENTALLY ILL, AND DANGEROUS INDIVIDUALS). ONE GROUP OF ARTICLES IS CONCERNED WITH SENTENCING FOR SPECIFIC CRIMES SUCH AS INCOME TAX EVASION. THESE ARTICLES ARE WRITTEN BY THE JUDGES THEMSELVES AND ARE ESPECIALLY REVEALING OF THE PRACTICE AS OPPOSED TO THE THEORY OF SENTENCING. THE LAST SERIES OF ARTICLES CONCERNS MISCELLANEOUS ITEMS SUCH AS SPECIFIC STATE LAWS, MULTIPLE SENTENCES, THE RIGHT TO ADDRESS THE COURT, AND DELAY IN SENTENCING. NOT INDEXED.