SENTENCING TRENDS IN THE UNITED STATES - IMPLICATIONS FOR CLINICAL CRIMINOLOGY (FROM TODAY'S PROBLEMS IN CLINICAL CRIMINOLOGY - RESEARCH AS DIAGNOSIS AND TREATMENT, 1979, BY L BELIVEAU ET AL - SEE NCJ-65021)

• NCJ Number: 65036
• Author(s): D M GOTTFREDSON
• Date Published: 1979
• Length: 17 pages
• Corporate Author: Universite de Montreal, Centre International de Criminologie Comparee; Institut Philippe Pinel de Montreal 12; Universite de Genes
• Publication Format: Document
• Language: English
• Country: Canada

Annotation

RECENT SENTENCING TRENDS IN THE U.S. ARE DESCRIBED, WITH EMPHASIS ON THE SHIFT FROM INDETERMINACY TO THE JUST DESERTS MODEL AND THE EFFECTS ON REHABILITATIVE DIAGNOSIS AND TREATMENT OF INMATES BY CLINICIANS.

Abstract

IN CONTRAST WITH THE CONTINENTAL MODEL OF CRIMINAL PROCEEDINGS, AMERICAN TRIALS HAVE TWO DISTINCT PHASES: THE FIRST IS TO DETERMINE CRIMINAL LIABILITY; THE SECOND IS TO DETERMINE THE APPROPRIATE SENTENCE. ALTHOUGH SENTENCING DECISIONS AFFECT ROLES AND BEHAVIORS OF POLICE, PROSECUTORS, CORRECTIONAL ADMINISTRATORS, AND CLINICIANS, THERE IS MUCH DEBATE AND NO AGREEMENT ABOUT THE PURPOSES OF SENTENCING. FOUR SENTENCING GOALS ARE DETERRENCE, INCAPACITATION, TREATMENT, AND DESERT OR PUNISHMENT. UNTIL RECENTLY, THE TREATMENT GOAL WAS PARAMOUNT. INDETERMINATE SENTENCES WERE THUS THE GENERAL RULE. SUCH SENTENCES WERE CRITICIZED, HOWEVER, FOR BEING ARBITRARY, CAPRICIOUS, AND CONDUCIVE TO UNWARRANTED DISPARITY. THE RECENT SHIFT HAS BEEN TO DETERMINATE SENTENCING AND AN EMPHASIS ON DESERT. FUTURE TRENDS WILL PROBABLY INCLUDE NONCOERCIVE INMATE TREATMENT, RIGID TIME CONSTRAINTS ON INMATE TREATMENT, MORE CERTAIN PENALTIES, PENALTIES CLOSELY RELATED TO THE CRIME'S CHARACTERISTICS RATHER THAN THE OFFENDER'S CHARACTERISTICS, REDUCED PARTICIPATION OF CLINICIANS IN PAROLE AND SENTENCING DECISIONS, AND DECREASED EMPHASIS ON PREVENTION OR REHABILITATION AS PURPOSES OF CORRECTION. THESE CHANGES IMPLY INCREASED PENALTIES IN A WAY NOT ENVISIONED BY THE DESERT THEORIST. VOLUNTARY TREATMENT MAY MEAN THAT ONLY MORE EASILY TREATABLE INMATES WILL VOLUNTEER FOR TREATMENT. TIME AVAILABLE FOR TREATMENT WILL BE RELATED TO THE CRIME'S SERIOUSNESS RATHER THAN TO THE INMATES NEED FOR TREATMENT. RESEARCH ON EFFECTIVENESS OF DIFFERENT TREATMENTS MAY BE HINDERED. FINALLY, PRISON MANAGEMENT MAY NEED TO CHANGE TO MORE AUTHORITARIAN SYSTEMS BECAUSE OF THEIR LOSS OF ONE FORM OF SOCIAL CONTROL, AND PRISONS MAY BECOME OVERCROWDED DUE TO INCREASED TERMS. THESE PROBLEMS MAY HAVE A CUMULATIVE EFFECT. THE CHANGES TO INCREASED FAIRNESS IN SENTENCING HAVE BEEN ACCOMPLISHED BY REJECTION OF THE TRADITIONAL TREATMENT AIM. THESE CHANGES, WHICH MAY BE PART OF A MORE GENERAL SOCIAL MOVEMENT IN THE U.S., PRESENT A FUNDAMENTAL CHALLENGE TO CLINICAL CRIMINOLOGY. A REFERENCE LIST IS INCLUDED.