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: 63184 Add to Shopping cart Find in a Library
Title: CRIME AND PUNISHMENT IN NEW YORK - AN INQUIRY INTO SENTENCING AND THE CRIMINAL JUSTICE SYSTEM
Author(s): ANON
Corporate Author: New York Governor's Executive Advisory Cmtte on Sentencing
United States of America
Date Published: 1979
Page Count: 236
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
New York Governor's Executive Advisory Cmtte on Sentencing
Albany, NY 12224
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: NEW YORK'S INDETERMINATE SENTENCING SYSTEM IS ANALYZED AND FOUND FLAWED IN THEORY AND PRACTICE. ITS REPLACEMENT WITH A SYSTEM OF SENTENCING GUIDELINES IS RECOMMENDED, TOGETHER WITH SOME JUDICIAL DISCRETION RESTRICTIONS.
Abstract: THE NEW YORK STATE ADVISORY COMMITTEE ON SENTENCING FOUND THE PRESENT SENTENCING LAWS IN NEED OF REFORM, ESPECIALLY WITH REGARD TO THE EXCESSIVE DISCRETIONARY POWERS OF JUDGES, PAROLE BOARDS, AND PROSECUTORS. THE PRESENT SYSTEM OF INDETERMINATE SENTENCING BY JUDGES DIFFERING IN PERSONALITY AND VIEWPOINT CREATES SENTENCE DISPARITY; ITS UNPREDICTABILITY BREEDS CYNICISM AND BEWILDERMENT IN THE GENERAL PUBLIC, REDUCES THE DETERRENT POWER OF SENTENCING BY ITS UNCERTAINTY, AND IS UNFAIR TO ALL PARTIES INVOLVED. THE COMMITTEE RECOMMENDS THAT JUDICIAL DISCRETION BE LIMITED (ALTHOUGH NOT ABOLISHED) BY THE REQUIREMENT THAT SENTENCING FOLLOWS A SET OF GUIDELINES ESTABLISHED BY AN APPOINTED, INDEPENDENT COMMISSION OF EXPERTS, WHO WOULD ALSO MONITOR THEIR OPERATION AND ALTER THEM PERIODICALLY, IF NEEDED. JUDGES WOULD RETAIN LIMITED DISCRETION IN DEPARTING FROM THE SENTENCING GUIDELINES, BUT WOULD BE REQUIRED TO JUSTIFY EACH SENTENCE WITH FINDINGS OF FACT. THE SENTENCE THUS PASSED WOULD BE SUBJECT TO APPELLATE COURT REVIEW. A BASIC GUIDELINE WOULD BE THE APPLICATION OF THE LEAST SEVERE SANCTION NECESSARY TO ACHIEVE LEGITIMATE SENTENCING GOALS, AVOIDING CONFINEMENT WHENEVER POSSIBLE. THE PRESENT DISCRETIONARY RELEASE POWERS OF THE PAROLE BOARD WOULD BE LIMITED TO INMATES SENTENCED UNDER THE PRIOR INDETERMINATE SYSTEM. PAROLE RELEASE ITSELF WOULD BE ABOLISHED, BUT THE PAROLE BOARD WOULD EXERCISE POSTRELEASE SUPERVISION TO REDUCE RECIDIVISM. OTHER RECOMMENDATIONS OF THE COMMITTEE CALLED FOR THE MAINTENANCE OF THE GOOD-TIME SENTENCE REDUCTION SYSTEM FOR INMATES OBSERVING INSTITUTIONAL RULES; CONTINUED EMPHASIS ON INMATE REHABILITATION AND PHASED SOCIAL REINTEGRATION; AND EXPANSION OF ALTERNATIVES TO INCARCERATION BEYOND THE CURRENT LIMITED OPTIONS (CHIEFLY PROBATION) TO INCLUDE RESTITUTION, DAY FINES, AND COMMUNITY SERVICE ORDERS. FOOTNOTES ARE INCLUDED.
Index Term(s): Alternatives to institutionalization; Indeterminate sentences; Judicial discretion; Mandatory Sentencing; New York; Parole board discretion; Plea negotiations; Post-release programs; Probation; Prosecutorial discretion; Rehabilitation; Sentencing commissions; Sentencing guidelines
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63184

*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.