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NCJRS Abstract

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NCJ Number: 39769 Find in a Library
Title: SPECIAL ENHANCED SENTENCING STATUTES - A RESPONSE TO ORGANIZED CRIME
Journal: NEW ENGLAND JOURNAL ON PRISON LAW  Volume:3  Issue:1  Dated:(FALL 1976)  Pages:115-129
Author(s): D GILMAN
Corporate Author: New England Journal on Prison Law, Inc
United States of America
Date Published: 1976
Page Count: 15
Sponsoring Agency: New England Journal on Prison Law, Inc
Boston, MA 02116
Format: Article
Language: English
Country: United States of America
Annotation: IN ORDER TO RESIST THE EXPANSION OF ORGANIZED CRIMINAL ACTIVITY, STATE AND FEDERAL OFFICIALS HAVE ENACTED LAWS GEARED SPECIFICALLY TO CONTROL AND REDUCE ORGANIZED CRIME. ENHANCED SENTENCES HAVE ALSO BEEN PROPOSED.
Abstract: AT LEAST THREE STATES AND THE FEDERAL GOVERNMENT HAVE ADOPTED ENHANCED SENTENCING STATUTES, PROVIDING FOR A PERIOD OF CONFINEMENT BEYOND THE STATUTORY MAXIMUM FOR THOSE PROVEN TO BE ASSOCIATED WITH ORGANIZED CRIMINAL ACTIVITY. IN CATALANO V. U.S. (1974), A FEDERAL DISTRICT COURT HELD THAT 'SPECIAL OFFENDER' CLASSIFICATIONS WHICH ACT AS A BAR TO FURLOUGH, TRANSFER TO COMMUNITY PROGRAMS, OR TO DELAY OR DENY PAROLE CANNOT BE LEVIED WITHOUT NOTICE, A HEARING, OR OTHER ELEMENTS OF DUE PROCESS. IN CARDAROPOLI V. NORTON (1975), THE SECOND CIRCUIT COURT OF APPEALS INCREASED THE DUE PROCESS REQUIREMENTS, OUTLINING SPECIFIC PROCEDURAL SAFEGUARDS. WITH INCREASING REGULARITY, COURTS ARE CONCLUDING THAT THE BEST PROTECTION AGAINST ABUSE OF PROCESS LIES IN THE REQUIREMENT THAT A DUE PROCESS HEARING BE AFFORDED THE INMATE....MSP
Index Term(s): Judicial decisions; Judicial process; Laws and Statutes; Organized crime; Parole hearing; Prisoner's rights; Right to Due Process; Sentencing/Sanctions
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=39769

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