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FAIR AND CERTAIN PUNISHMENT - REPORT OF THE TWENTIETH CENTURE FUND TASK FORCE ON CRIMINAL SENTENCING

NCJ Number
34356
Author(s)
ANON
Date Published
1976
Length
151 pages
Annotation
INCLUDED IN THIS TEXT ARE THE REPORT AND RECOMMENDATIONS OF THE TASK FORCE IN WHICH AN END TO INDETERMINATE SENTENCING IS PROPOSED; THE TEXT OF A BACKGROUND PAPER ON METHODS OF CRIMINAL SENTENCING IS ALSO PROVIDED.
Abstract
THE TASK FORCE REPORT REVIEWS ISSUES IN THE PRESENT SENTENCING STRUCTURE, REVIEWS SUCH REFORM PROPOSALS AS FLAT-TIME AND MANDATORY MINIMUM SENTENCING, AND OFFERS A PROPOSAL OF ITS OWN: PRESUMPTIVE SENTENCING. UNDER THIS METHOD, THE LEGISLATURE WOULD RETAIN THE POWER TO MAKE BROAD POLICY DECISIONS AND THE SENTENCING JUDGE WOULD HAVE SOME DEGREE OF GUIDED DISCRETION; HOWEVER, PERSONS CONVICTED OF COMMITTING A CRIME OWULD PREDICTABLY INCUR A PARTICULAR SENTENCE UNLESS SPECIFIC MITIGATING OR AGGRAVATING FACTORS ARE ESTABLISHED. THE APPENDICES TO THIS REPORT INCLUDE AN ILLUSTRATIVE PRESUMPTIVE SENTENCING STATUTE FOR ARMED ROBBERY, AND AN ILLUSTRATIVE LIST OF CRIMES AND PRESUMPTIVE SENTENCES. THE BACKGROUND PAPER DISCUSSES SUCH ISSUES AS THE PURPOSES AND MECHANISMS OF THE CRIMINAL SENTENCE, INDETERMINATE SENTENCING, AND RECENT JUDICIAL LIMITS ON INDETERMINATE SENTENCING. (AUTHOR ABSTRACT MODIFIED)

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