SENTENCING PROVISIONS OF THE PROPOSED FEDERAL CODE

• NCJ Number: 50751
• Journal: Criminal Justice Quarterly Volume: 6 Issue: 2 Dated: (SPRING 1978) Pages: 74-82
• Author(s): R E ROCHFORD; L ESPEY
• Date Published: 1978
• Length: 9 pages
• Corporate Author: New Jersey Division of Criminal Justice
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THE PROPOSED FEDERAL CODE RESPONDING TO DISPARITIES IN SENTENCNG IS DESIGNED TO ACCOMPLISH THE GENERAL PURPOSES OF DETERRENCE, PUBLIC PROTECTION, PUNISHMENT, AND REHABILITATION.

Abstract

THE ESSENTIAL POLICY OF THE PROPOSAL IS TO ELIMINATE DISPARITIES THROUGH DETERMINATE SENTENCING. CRIMINAL OFFENSES ARE DIVIDED INTO THREE BROAD CATEGORIES: FELONIES, MISDEMEANORS, AND INFRACTIONS. ANY INDIVIDUAL DEFENDANT FOUND GUILTY OF AN OFFENSE MAY BE FINED A MAXIMUM OF $100,000 FOR A FELONY, $10,000 FOR A MISDEMEANOR, AND $1,000 FOR AN INFRACTION. AN ORGANIZATION MAY BE FINED A MAXIMUM OF $500,000 FOR A FELONY, $100,000 FOR A MISDEMEANOR, AND $10,000 FOR AN INFRACTION. IF AN OFFENSE RESULTS IN PECUNIARY GAIN OR THE INFLICTION OF BODILY INJURY OR PROPERTY DAMAGE, A DEFENDANT MAY BE FINED UP TO TWICE HIS GROSS GAIN OR TWICE THE LOSS CAUSED BY HIM, WHICHEVER IS GREATER. NO MINIMUM FINES ARE STIPULATED. PROVISION IS MADE FOR THE DISCRETIONARY IMPOSITION OF PROBATION FOR ANY OFFENSE UNLESS IT IS PUNISHABLE BY LIFE IMPRISONMENT, THE CRIME EXPRESSLY PRECLUDES PROBATION, OR A DEFENDANT IS CONTEMPORANEOUSLY SENTENCED TO A TERM OF INCARCERATION FOR ANOTHER OFFENSE. MAXIMUM PERIODS OF PROBATION ARE 5 YEARS FOR A FELONY, 2 YEARS FOR A MISDEMEANOR, AND 1 YEAR FOR AN INFRACTION. THE PROPOSAL PROVIDES FOR THE IMPOSITION OF CERTAIN REMEDIES ANCILLARY TO THE SENTENCING PROCESS. A SIGNIFICANT FEATURE OF THE PROPOSED SCHEME IS THE CREATION OF PERMANENT SENTENCING COMMISSION. THE ELIMINATION OF IRRATIONALITY IN SENTENCING IS APPROACHED THROUGH SEVERAL BASIC INNOVATIONS INCLUDING THE USE OF DETERMINATE SENTENCING TO PROMOTE THE CERTAINTY AND UNIFORMITY OF PUNISHMENT, ARTICULATION BY CONGRESS OF THE GOALS OF SENTENCING, AND THE ESTABLISHMENT OF A SENTENCING COMMISSION. PROPOSED ELEMENTS OF THE CODE ARE INTENDED TO OBTAIN A BALANCE BETWEEN THE OFTEN COMPETING THEORIES OF REHABILITATION AND DETERRENCE OR RESTRAINT. (DEP)