NCJ Number
61825
Journal
Hofstra Law Review Volume: 7 Issue: 2 Dated: (WINTER 1979) Pages: 243-456
Editor(s)
T C WALES
Date Published
1979
Length
214 pages
Annotation
THIS SECOND VOLUME OF A TWO-VOLUME PRESENTATION OF PAPERS FROM HOFSTRA UNIVERSITY LAW SCHOOL'S 1978 SYMPOSIUM ON SENTENCING EXPLORES ISSUES RELATED TO SENTENCING REFORM.
Abstract
THE OPENING PAPER CAUTIONS THAT ALTHOUGH THERE IS EVIDENCE OF UNJUST SENTENCING DISPARITY RESULTING FROM UNCONTROLLED JUDICIAL DISCRETION, ANY REFORM BASED PRIMARILY UPON THE BELIEF THAT REHABILITATION AND PAROLE ARE INEFFECTIVE IS ILL-ADVISED, SINCE RESEARCH DOES NOT SUPPORT SUCH A SWEEPING CONCLUSION. A SECOND PAPER WARNS THAT EXPERIENCE WITH FEDERAL PAROLE GUIDELINES GIVE REASON TO BELIEVE THAT SENTENCING GUIDELINES, WHILE SERVING SENTENCE UNIFORMITY, MAY BE ROOTED IN ARBITRARY, UNJUST SENTENCING POLICIES. THE ABOLISHMENT OF PAROLE THROUGH FEDERAL LEGISLATION IS ADVOCATED IN A THIRD PAPER, IN THE INTEREST OF HAVING CLEAR DETERMINATE SENTENCES AND AVOIDING THE PROBLEMS POSED BY PAROLE BOARD DECISIONMAKING. A MODEL FOR THE STRUCTURE AND OPERATIONS OF A SENTENCING COMMISSION IS DESCRIBED AND COMPARED WITH THE SENTENCING COMMISSION DELINEATED IN SENATE BILL S. 1437 IN A FOURTH PAPER, FOLLOWED BY A PAPER DESCRIBING A RESEARCH PROGRAM DESIGNED TO DEVELOP A MECHANISM FOR FORMULATING SENTENCE GUIDELINES. IN A SIXTH PRESENTATION, RETRIBUTIVISM IS ADVOCATED AS THE ONLY ADEQUATE THEORY FOR SENTENCING, BECAUSE OTHER MAJOR THEORIES UNDERLYING SENTENCING TEND TOWARD A SEPARATION OF THE PENALTY FROM THE GRAVITY OF THE OFFENSE, THUS UNDERMINING JUSTICE. THE FINAL TWO PAPERS ARGUE FOR A PRESUMPTION AGAINST INCARCERATION IN SENTENCING AND CHALLENGE THE CRIMINAL JUSTICE SYSTEM TO EXPAND EFFECTIVE ALTERNATIVES TO INSTITUTIONALIZATION. FOOTNOTES ARE PROVIDED THROUGHOUT. (RCB)