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NCJRS Abstract

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NCJ Number: 113242 Find in a Library
Title: Structured Sentencing: Building on Experience
Journal: Judicature  Volume:72  Issue:1  Dated:(June-July 1988)  Pages:46-52
Author(s): K A Kapp
Date Published: 1988
Page Count: 7
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: A decade of experience indicates that sentencing guidelines are the most promising approach to sentencing reform. However, they are not a panacea, and jurisdictions considering their adoption must address a number of key issues.
Abstract: These key issues are the relationship of criminal code elements and classifications to elements and categories relevant to sentencing, the coordination of sentencing policies with correctional policies, structuring the use of intermediate and nonincarcerative sanctions as well as the use of imprisonment, and developing an effective enforcement mechanism. Major obstacles impeding comprehensive structured sentencing systems are variation in correctional resources, concern about funding correctional resources, the lack of tools for assessing policy impact across multiple jurisdictions, and the difficulty of determining the appropriateness of a specific sanction. Two concepts that may overcome these obstacles are the use of sanctioning levels and exchange rates. Under these concepts, sanctions would be issued in numbers of units, and units would be translated into specific sanctions. There is no obvious alternative to appellate review to enforce structured sentencing policy. Perhaps legislatures and commissions can bolster appellate courts in more effective sentence review. 18 footnotes.
Main Term(s): Sentencing guidelines
Index Term(s): Change management; Sentencing reform
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