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NCJ Number: 62878 Add to Shopping cart Find in a Library
Title: TESTIMONY OF RICHARD D SCHWARTZ (FROM RESEARCH INTO CRIMINAL SENTENCING, 1978 - SEE NCJ-62872)
Author(s): R D SCHWARTZ
Corporate Author: US Congress
House Cmtte on Science and Technology
United States of America
Date Published: 1978
Page Count: 18
Sponsoring Agency: US Congress
Washington, DC 20515
Type: Legislative/Regulatory Material
Format: Document
Language: English
Country: United States of America
Annotation: A SYRACUSE UNIVERSITY LAW PROFESSOR FAVORS SENTENCING REFORM LEGISLATION AND DISCUSSES THE RESPONSIBILITIES OF A SENTENCING COMMISSION.
Abstract: THE ESTABLISHMENT OF A COMMISSION TO SET PRESUMPTIVE SENTENCING GUIDELINES IS A SERIOUS ATTEMPT TO SOLVE THE PROBLEM OF SENTENCE DISPARITY; BUT DETERMINATE SENTENCING COULD ADVERSELY AFFECT OTHER LEGAL PROCESSES, AND THESE CHANGES SHOULD BE EVALUATED SO THAT REFORM CAN BE A CONTINUING EFFORT. THE SENTENCING COMMISSION IS GIVEN RESPONSIBILITY FOR DEVELOPING SENTENCING GUIDELINES AND ESTABLISHING METHODS TO MEASURE THE EFFECTIVENESS OF SENTENCES. IT SEEMS INEVITABLE THAT THE COMMISSION WILL BE DRAWN INTO A CLOSE WORKING RELATIONSHIP WITH THE APPELLATE COURTS AND THAT THE TWO BODIES WOULD STABILIZE AND CLARIFY THE SENTENCING PROCESS. THE LEGISLATURE SHOULD SET OBJECTIVES, AND THEN THE COMMISSION CAN DEVELOP AND IMPLEMENT POLICIES SUBJECT TO LEGISLATIVE APPROVAL. THE COMMISSION SHOULD INVOLVE THE PUBLIC, AS WELL AS RELEVANT DECISIONMAKERS, IN ITS WORK. THE IMPORTANCE OF THE EVALUATIVE FUNCTIONS OF THE COMMISSION HAS BEEN UNDEREMPHASIZED. THE SENTENCING COMMISSION SHOULD ALSO EXAMINE THE COMPLEXITIES OF INCAPACITATION AND DETERRENCE SINCE NEITHER CONCEPT SHOWS A RELATIONSHIP TO CRIME REDUCTION.
Index Term(s): Convicted offender incapacitation; Determinate Sentencing; Deterrence; Rehabilitation; Sentencing commissions; Sentencing guidelines
Note: TESTIMONY GIVEN ON MAY 12, 1978
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62878

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