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TOWARDS CERTAINTY IN SENTENCING - CORRECTIONAL ALTERNATIVES

NCJ Number
40982
Journal
Criminal Justice Quarterly Volume: 4 Issue: 3 Dated: (FALL 1976) Pages: 111-128
Author(s)
L ESPEY
Date Published
1976
Length
18 pages
Annotation
NUMEROUS ALTERNATIVES TO THE DISCRETIONARY SYSTEM UNDER WHICH SENTENCES ARE DECIDED AND IMPOSED ARE CONSIDERED IN THIS EXAMINATION OF THE NEED FOR SENTENCING REFORM.
Abstract
THE STRENGTHS AND WEAKNESSES OF THE THREE BASIC SENTENCING STRUCTURES (INDETERMINATE, INDEFINITE, AND DEFINITE) ARE EXPLORED ALONG WITH SEVERAL OF THE ALTERNATIVES TO FULL-TIME INCARCERATION (PARTIAL CONFINEMENT, RESTITUTION, FINES, OR SPECIAL CONDITIONS COUPLED WITH PROBATION). PROPOSALS FOR PARTIALLY DIVESTING THE TRIAL COURT OF ITS SENTENCING AUTONOMY, AS A MEANS OF REDUCING DISCRETION, ARE THEN EVALUATED. SUGGESTIONS RELATING TO THE MOST APPROPRIATE AGENCY FOR IMPOSING SENTENCE INCLUDE MULTI-JUDGE PANELS, SENTENCING TRIBUNALS WHICH INCORPORATE NON-JUDICIAL MEMBERS, MANDATORY LEGISLATIVE SENTENCING, AND SENTENCING BY THE TRIAL JURY. BASED ON THE FOREGOING DISCUSSION, THE AUTHOR RECOMMENDS THE CREATION OF A PERMANENT LEGISLATIVE COMMISSION TO IMPLEMENT A QUANTITATIVE OR MATRIX SENTENCING STRUCTURE BASED ON THE WEIGHTING OF A TABLE OF VARIABLES. DEFINITE-TERM SENTENCING AND AN ACROSS THE BOARD LOWERING OF MAXIMUM TERMS WOULD BE ADJUNCTS OF THE MATRIX SYSTEM. THIS SENTENCING PHILOSOPHY IS CONSISTENT WITH THE PROPOSED NEW JERSEY PENAL CODE OR THE NEW JERSEY CORRECTIONAL MASTER PLAN. THE SENTENCING STRUCTURES OF THE OTHER 49 STATE JURISDICTIONS AND THE DISTRICT OF COLUMBIA ARE ALSO PRESENTED.

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