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NCJRS Abstract

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NCJ Number: 149864 Find in a Library
Title: Determinant Sentencing: The Experiment That Went Awry (From Critical Issues in Crime and Justice, P 217-231, 1994, Albert R Roberts, ed. -- See NCJ-149851)
Author(s): N G Holten; R Handberg
Date Published: 1994
Page Count: 15
Sponsoring Agency: Sage Publications, Inc
Thousand Oaks, CA 91320
Sale Source: Sage Publications, Inc
2455 Teller Road
Thousand Oaks, CA 91320
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: Sentencing policy is viewed as one of the most difficult tasks of government; establishing equity in sentencing while protecting society from criminals involves a balancing act of diverse elements that often leads to apparent inequities.
Abstract: Structuring sentencing policy to eliminate disparities has led to determinate sentencing systems where outcome uniformity is the goal. Because determinate sentencing systems do not always resolve the disparity problem, however, sentencing guidelines have been proposed. Systems based on sentencing guidelines have also encountered difficulties, and formulating an effective sentencing policy continues to be a difficult process. Nonetheless, there are several approaches to reducing unwarranted sentencing disparities. They include appellate sentence review, the establishment of sentencing councils, and the adoption of mandatory minimum sentences for selected offenses. Both determinate sentencing and sentencing guidelines are controversial among criminal justice practitioners because they reduce judicial discretion. 12 references
Main Term(s): Courts
Index Term(s): Corrections; Determinate Sentencing; Judicial discretion; Sentencing disparity; Sentencing guidelines
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