skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 51717 Find in a Library
Title: SENTENCING AS A RATIONAL PROCESS - MAIN PAPER (FROM CRIME, LAW AND THE COMMUNITY, 1976 - SEE NCJ-51708)
Author(s): R GRASER
Corporate Author: Juta and Co, Ltd
South Africa
Date Published: 1976
Page Count: 15
Sponsoring Agency: Juta and Co, Ltd
Capetown, South Africa
Format: Document
Language: English
Country: South Africa
Annotation: PROBLEMS THWARTING RATIONAL AND EFFECTIVE SENTENCING IN SOUTH AFRICA ARE DISCUSSED, AND MEANS FOR RESOLVING THEM ARE SUGGESTED.
Abstract: THE PROBLEMS CONSIDERED TO UNDERMINE RATIONAL AND EFFECTIVE SENTENCING ARE DISCUSSED AS FOLLOWS: DISPARITY IN SENTENCING DUE TO THE SUBJECTIVITY OF SINGLE JUDICIARY SENTENCERS; THE LACK OF CONSENSUS AMONG THE JUDICIARY ON THE MAIN OBJECTIVES OF SENTENCING; THE LACK OF TRAINING OF JUDICIAL OFFICERS IN FORMULATING APPROPRIATE SENTENCES; THE LACK OF SUFFICIENT INFORMATION ON THE OFFENDERS AND THEIR BACKGROUND; AND LIMITED SENTENCING ALTERNATIVES (THERE IS NO ADULT PROBATION SYSTEM IN SOUTH AFRICA). IT IS BELIEVED THAT SOME OF THE DISPARITY IN SENTENCING COULD BE REDUCED BY CLARIFYING THE OBJECTIVE OF THE PENAL SYSTEM. WHILE CONFLICT IS CONSIDERED INEVITABLE BETWEEN THE REHABILITATIVE AND RETRIBUTIVE FUNCTIONS OF SENTENCING, IT IS BELIEVED AN EFFORT AT BALANCING THESE TWO SENTENCING CONCERNS MUST ACCOMPANY EACH SENTENCE. EXTENSIVE PRESENTENCE INVESTIGATIONS CONDUCTED BY SOCIOLOGISTS AND PSYCHOLOGISTS ARE ADVOCATED AS A MEANS OF INDIVIDUALIZING SENTENCING. AN ADULT PROBATION SYSTEM, COMMUNITY PROGRAMS, DAY TRAINING CENTERS, AND THE 'SPLIT SENTENCE' (SHORT-TERM IMPRISONMENT, THEN PROBATION SUPERVISION), ARE SUGGESTED AS ADDITIONAL SENTENCING ALTERNATIVES. SENTENCING BY ADMINISTRATIVE BOARDS OF BEHAVIORAL SCIENTISTS, THE USE OF SENTENCING COUNCILS OF JUDGES TO ACT IN AN ADVISORY CAPACITY FOR SENTENCING BY INDIVIDUAL JUDICIAL OFFICERS, AND SENTENCING BY MULTIDISCIPLINARY TRIBUNALS OF JUDICIAL OFFICERS AND BEHAVIORAL SCIENTISTS ARE DISCUSSED AS ALTERNATIVES TO SENTENCING BY SINGLE, UNADVISED JUDICIAL OFFICERS. SUGGESTIONS ARE ALSO OFFERED FOR THE TRAINING OF JUDICIAL OFFICERS IN SENTENCING. (RCB)
Index Term(s): Judicial decisions; Judicial discretion; Judicial educational programs; Presentence investigations; Sentencing disparity; Sentencing/Sanctions; South Africa; Split sentences
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51717

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.