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NCJ Number: 62874 Add to Shopping cart Find in a Library
Title: TESTIMONY OF ROBERT B MCKAY (FROM RESEARCH INTO CRIMINAL SENTENCING, 1978 - SEE NCJ-62872)
Author(s): R B MCKAY
Corporate Author: US Congress
House Cmtte on Science and Technology
United States of America
Date Published: 1978
Page Count: 14
Sponsoring Agency: US Congress
Washington, DC 20515
Format: Document
Language: English
Country: United States of America
Annotation: SPEAKING IN FAVOR OF DETERMINATE SENTENCING, THE AMERICAN BAR ASSOCIATION COMMISSION ON CORRECTIONAL FACILITIES CHAIRMAN COMMENTS ON SENTENCING THEORIES AND CORRECTIONS AND SUGGESTS REFORMS.
Abstract: ALTHOUGH LARGE SUMS OF MONEY HAVE BEEN SPENT ON RESEARCH, PRINCIPALLY THROUGH THE LEAA, LITTLE PROGRESS HAS BEEN MADE IN UNDERSTANDING THE PROBLEMS OF CRIME IN THE UNITED STATES. EXPERTS DO NOT AGREE ABOUT BASIC ISSUES, SUCH AS REHABILITATION, DECRIMINALIZATION OF PROSTITUTION OR DRUG USE, OR SENTENCING OF WHITE-COLLAR CRIME. THE CURRENT INTEREST IN DETERMINATE SENTENCING DOES NOT REQUIRE ABANDONING THE EFFORTS TOWARD REHABILITATION, BUT IT DOES SHIFT THE EMPHASIS TO MAKE THE PUNISHMENT FIT THE CRIME. THE CRIMINAL JUSTICE SYSTEM ALSO LACKS CONCLUSIVE INFORMATION ON RECIDIVISM, THE DETERRENT EFFECTS OF CAPITAL PUNISHMENT, METHODS OF HELPING EX-OFFENDERS REINTEGRATE INTO SOCIETY, AND THE EFFECT OF HANDGUN CONTROLS ON CRIME. A COORDINATED AND REALISTIC PLAN IS NEEDED TO GUIDE FUTURE ACTIVITIES, AND REFORMS WITHIN THE SYSTEM SHOULD CONCENTRATE ON IMPROVING THE FAIRNESS AND EFFICIENCY OF THE JUDICIAL PROCESS. THE SENTENCING STRUCTURE SHOULD BE REVISED, AND PAROLE DISCRETION ELIMINATED OR DRASTICALLY REDUCED. THE LEGISLATURE CAN PRESCRIBE NARROW LIMITS OF SENTENCES FOR OFFENSES, IT MAY DEFINE A PRESUMPTIVE SENTENCE, OR IT CAN DELEGATE THIS AUTHORITY TO A SENTENCING COMMISSION. ANY LEGISLATION SHOULD OFFER SANCTIONS OTHER THAN IMPRISONMENT, POSSIBLY RESTITUTION OR COMMUNITY SERVICE. THE LEAA AND THE FEDERAL RESEARCH EFFORT SHOULD BE REORGANIZED INTO A BODY THAT IS INDEPENDENT OF POLITICAL CONTROL BY ANY FEDERAL AGENCY.
Index Term(s): Alternatives to institutionalization; American Bar Association (ABA); Determinate Sentencing; Law Enforcement Assistance Administration (LEAA); Parole board discretion; Sentencing commissions; Sentencing guidelines
Note: TESTIMONY GIVEN ON MAY 17, 1978
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62874

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