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NCJ Number: 50326 Find in a Library
Title: PSYCHIATRY AND SENTENCING (FROM AUSTRALIAN JUSTICE SYSTEM, 2D ED., 1977, BY DUNCAN CHAPPELL AND PAUL WILSON - SEE NCJ-50316)
Author(s): A A BARTHOLOMEW
Corporate Author: Butterworth
Canada
Date Published: 1977
Page Count: 21
Sponsoring Agency: Butterworth
Scarborough, Ontario M1P 451, Canada
Format: Document
Language: English
Country: Australia
Annotation: VARIOUS RULES PLAYED BY THE PSYCHIATRIST IN SENTENCING ARE IDENTIFIED, WITH PARTICULAR ATTENTION TO THE PSYCHIATRIST'S INVOLVEMENT IN THE PRESENTENCE REPORT, AS SENTENCING AUTHORITY, AND TREATMENT AND PUNISHMENT.
Abstract: DEGREES OF INVOLVEMENT OF THE PSYCHIATRIST IN THE SENTENCING PROCESS ARE INDICATED ACCORDING TO THE FOLLOWING ASCENDING LEVELS OF PARTICIPATION: THE CERTIFICATION OF PSYCHOTICS AND DEFECTIVES TO MENTAL HOSPITALS AND TRAINING CENTERS; THE RECOMMENDATION FOR TREATMENT OF SUITABLE OFFENDERS; INDICATION OF THE APPROPRIATE TYPE AND LENGTH OF SENTENCE NECESSARY FOR RELEVANT PSYCHOTHERAPY; AND TOTAL INVOLVEMENT IN THE SENTENCING PROCESS, WHICH WOULD ENTAIL A SPECIFIC RECOMMENDATION FOR EACH INDIVIDUAL AS TO THE TYPE OF SANCTION TO BE EMPLOYED. EACH OF THESE LEVELS OF INVOLVEMENT IS DISCUSSED, AND THE LEVEL OF 'TOTAL INVOLVEMENT' OF THE PYCHIATRIST IN SENTENCING IS RECOMMENDED, WITH A VIEW TOWARD THE ESTABLISHMENT OF 'SENTENCING AUTHORITIES' COMPOSED OF BEHAVIORAL SCIENTISTS WHO WOULD DETERMINE SENTENCES FOR CERTAIN CATEGORIES OF OFFENDERS. THE CATEGORIES SUGGESTED ARE: (1) OFFENDERS WHO HAVE FAILED TO RESPOND TO THE NORMAL SEQUENCE OF PENAL MEASURES; (2) OFFENDERS APPARENTLY SUFFERING FROM SOME FORM OF MENTAL DISORDER OR ABNORMALITY; (3) THE OFFENDER FOR WHOM SOME NEW TYPE OF MEASURE SEEMS TO OFFER SOME PROSPECT OF SUCCESS; AND (4) THE OFFENDER WHO SEEMS TO THE COURT TO REQUIRE A PRECAUTIONARY SENTENCE. IT IS URGED THAT THE TREND BE TOWARD THE ELIMINATION OF RETRIBUTIVE SENTENCING, WITH SAMPLE CUSTODY RESERVED ONLY FOR THOSE WHO ARE A THREAT TO SOCIETY AND NOT TREATABLE IN THE CURRENT STATE OF THERAPY KNOWLEDGE AND TECHNIQUE. ALL OTHER OFFENDERS WOULD HAVE SENTENCES TAILORED TO DIAGNOSED NEEDS AND THE TREATMENT PROCEDURES DEEMED APPROPRIATE. (RCB)
Index Term(s): Australia; Presentence investigations; Psychiatric services; Sentencing/Sanctions
Note: BASED UPON A PUBLIC LECTURE DELIVERED AT THE CLARK INSTITUTE OF PSYCHIATRY UNDER THE AUSPICES OF THE CENTRE OF CRIMINOLOGY, UNIVERSITY OF TORONTO, ON 24 NOVEMBER, 1971
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50326

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