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NCJRS Abstract

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NCJ Number: 10750 Find in a Library
Title: SENTENCING IN A RATIONAL SOCIETY
Author(s): N WALKER
Date Published: 1971
Page Count: 251
Sponsoring Agency: Basic Books
New York, NY 10022
Publication Number: U
Sale Source: Basic Books
10 East 53rd Street
New York, NY 10022
United States of America
Language: English
Country: United States of America
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)
Index Term(s): Judicial discretion; Judicial process; Juveniles; Mathematical modeling; Prediction; Psychiatric services; Recidivists; Sentencing/Sanctions; Theory; Youthful offenders
Note: KF9685.W3
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=10750

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