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SENTENCING IN A RATIONAL SOCIETY

NCJ Number
10750
Author(s)
N WALKER
Date Published
1971
Length
251 pages
Annotation
REDUCTION OF PROHIBITED CONDUCT (RECONVICTION) BY A PENAL SYSTEM WHICH OBSERVES LIMITS DICTATED BY HUMANITY AND WHICH DEEMPHASIZES CONSISTENCY IN SENTENCING.
Abstract
THIS SYSTEM RECOGNIZES THE RELATIVE IGNORANCE IN WHICH SENTENCERS OPERATE, AND PRESCRIBES A MORE PRAGMATIC APPROACH TO SENTENCING THAN THE PSYCHIATRICALLY-ORIENTED 'DIAGNOSIS-TREATMENT' PHILOSOPHY PRESENTLY FOLLOWED. SENTENCING SHOULD NOT BE SEEN AS THE APPLICATION OF A SET OF UNIFORM CHOICES TO A GROUP OF INDIVIDUALS OF DIFFERING RESPONSIVITY. THE APPLICATION OF CHOICES (FINE, PROBATION, IMPRISONMENT, CONDITIONAL DISCHARGE) ENTAILS DIFFERENT PROBABILITIES OF RECONVICTION TO A GROUP OF INDIVIDUALS WHOSE RESPONSIVITY IS ASSUMED TO BE CONDITIONAL AND INDISTINGUISHABLE. IN DEVELOPING THIS SYSTEM THE AUTHOR DISCUSSES THE AIMS AND ASSUMPTIONS OF SENTENCING SYSTEMS, THE SCOPE OF CRIMINAL LAW, THE RELATIONSHIP BETWEEN PREVENTIVE, DETERRENT, AND CORRECTIVE TECHNIQUES, AND JUSTIFICATIONS FOR LONG TERMS OF PREVENTIVE DETENTION. A SENTENCING MODEL PREDICTING RECONVICTIONS IS FORMULATED. THIS WORK IS BASED PRIMARILY ON THE AUTHOR'S EXPERIENCE WITH THE BRITISH PENAL SYSTEM. (AUTHOR ABSTRACT MODIFIED)