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NCJRS Abstract

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NCJ Number: 148644 Find in a Library
Title: Consistency in Sentencing: Recommendation to Member States and Explanatory Memorandum
Journal: Criminal Law Forum  Volume:4  Issue:2  Dated:(1993)  Pages:355-392
Corporate Author: Problems
Council of Europe
European Committee on Crime
Date Published: 1993
Page Count: 38
Type: Guideline
Format: Article
Language: English
Country: United States of America
Annotation: The Committee of Ministers, through the Council of Europe, has recommended that the governments of member states, taking in consideration their own constitutional principles and legal traditions, take appropriate steps to implement a consistent sentencing framework.
Abstract: The appendix to this recommendation outlines various rationales for sentencing and a penalty structure based on sentencing orientations and starting points for different offenses. Orientations and starting points can be implemented through legislation, guidelines judgments by superior courts, an independent commission, or guidelines for the prosecution. The recommendation also covers aggravating and mitigating factors, previous convictions, prohibition of reformatio in peius, time spent in custody, and the role of the prosecutor. Finally, the recommendation discusses the need for sentencing studies and information, statistics and research, and European cooperation on sentencing information.
Main Term(s): Courts
Index Term(s): Council of Europe; Criminology; Sentencing guidelines; Victims of Crime
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