NCJ Number
91795
Journal
New York Law School Law Review Volume: 27 Issue: 3 Dated: (1982) Pages: 899-919
Date Published
1982
Length
21 pages
Annotation
After discussing the problems of sentencing disparities, indeterminate sentencing, and restraints on freedom after prison release, this paper proposes a sentencing model designed to eliminate these problems.
Abstract
Under the proposed sentencing model, the original sentencing decision will not be performed by a judge but rather by a panel of probation officers. Each panel will be composed of an odd number of probation officers, with a majority vote required to sentence any offender. Every probation officer who is to sit on a panel must first be given psychiatric tests to determine how severely he/she will sentence for each type of crime. A rating for each crime is necessary, since an officer may be severe with those who commit one type of crime while being lenient with those who commit other types. The scale might be numbered from one to ten, ten being the officers most severe with a particular offense. The average rating of a panel for any given defendant should not go below four or above six. The panels should be balanced sexually, racially, ethnically, and socially. The rating given any member of the sentencing panel would be relative to other probation officers in the State. All probation officers would be eligible to sit on sentencing panels and then be selected through random selection. The term of service would be 1 year. After conviction, each offender would have his/her case examined by two probation officers who would each submit a recommendation to the panel. For balance, the average severity rating of the two officers should be about five. Counsel would be present when the offender appears before the sentencing panel. Determinate sentencing would be used, and parole release boards will no longer be necessary, although a 10 percent good-time incentive is provided. A minimum amount of postrelease supervision is included. Ninety footnotes are provided.