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NCJRS Abstract

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NCJ Number: 50751 Find in a Library
Title: SENTENCING PROVISIONS OF THE PROPOSED FEDERAL CODE
Journal: CRIMINAL JUSTICE QUARTERLY  Volume:6  Issue:2  Dated:(SPRING 1978)  Pages:74-82
Author(s): R E ROCHFORD; L ESPEY
Corporate Author: New Jersey Division of Criminal Justice
United States of America
Date Published: 1978
Page Count: 9
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
New Jersey Division of Criminal Justice
Princeton, NJ 08540
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: THE PROPOSED FEDERAL CODE RESPONDING TO DISPARITIES IN SENTENCNG IS DESIGNED TO ACCOMPLISH THE GENERAL PURPOSES OF DETERRENCE, PUBLIC PROTECTION, PUNISHMENT, AND REHABILITATION.
Abstract: THE ESSENTIAL POLICY OF THE PROPOSAL IS TO ELIMINATE DISPARITIES THROUGH DETERMINATE SENTENCING. CRIMINAL OFFENSES ARE DIVIDED INTO THREE BROAD CATEGORIES: FELONIES, MISDEMEANORS, AND INFRACTIONS. ANY INDIVIDUAL DEFENDANT FOUND GUILTY OF AN OFFENSE MAY BE FINED A MAXIMUM OF $100,000 FOR A FELONY, $10,000 FOR A MISDEMEANOR, AND $1,000 FOR AN INFRACTION. AN ORGANIZATION MAY BE FINED A MAXIMUM OF $500,000 FOR A FELONY, $100,000 FOR A MISDEMEANOR, AND $10,000 FOR AN INFRACTION. IF AN OFFENSE RESULTS IN PECUNIARY GAIN OR THE INFLICTION OF BODILY INJURY OR PROPERTY DAMAGE, A DEFENDANT MAY BE FINED UP TO TWICE HIS GROSS GAIN OR TWICE THE LOSS CAUSED BY HIM, WHICHEVER IS GREATER. NO MINIMUM FINES ARE STIPULATED. PROVISION IS MADE FOR THE DISCRETIONARY IMPOSITION OF PROBATION FOR ANY OFFENSE UNLESS IT IS PUNISHABLE BY LIFE IMPRISONMENT, THE CRIME EXPRESSLY PRECLUDES PROBATION, OR A DEFENDANT IS CONTEMPORANEOUSLY SENTENCED TO A TERM OF INCARCERATION FOR ANOTHER OFFENSE. MAXIMUM PERIODS OF PROBATION ARE 5 YEARS FOR A FELONY, 2 YEARS FOR A MISDEMEANOR, AND 1 YEAR FOR AN INFRACTION. THE PROPOSAL PROVIDES FOR THE IMPOSITION OF CERTAIN REMEDIES ANCILLARY TO THE SENTENCING PROCESS. A SIGNIFICANT FEATURE OF THE PROPOSED SCHEME IS THE CREATION OF PERMANENT SENTENCING COMMISSION. THE ELIMINATION OF IRRATIONALITY IN SENTENCING IS APPROACHED THROUGH SEVERAL BASIC INNOVATIONS INCLUDING THE USE OF DETERMINATE SENTENCING TO PROMOTE THE CERTAINTY AND UNIFORMITY OF PUNISHMENT, ARTICULATION BY CONGRESS OF THE GOALS OF SENTENCING, AND THE ESTABLISHMENT OF A SENTENCING COMMISSION. PROPOSED ELEMENTS OF THE CODE ARE INTENDED TO OBTAIN A BALANCE BETWEEN THE OFTEN COMPETING THEORIES OF REHABILITATION AND DETERRENCE OR RESTRAINT. (DEP)
Index Term(s): Determinate Sentencing; Federal Code; Fines; Probation; Sentencing/Sanctions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50751

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