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NCJ Number: 66774 Find in a Library
Title: IMPLEMENTING AN EQUITABLE SENTENCING SYSTEM - THE UNIFORM LAW COMMISSIONERS' MODEL SENTENCING AND CORRECTIONS ACT
Journal: VIRGINIA LAW REVIEW  Volume:65  Issue:7  Dated:(NOVEMBER 1979)  Pages:1175-1285
Author(s): H S PERLMAN; C G STEBBINS
Corporate Author: Virginia Law Review Assoc
University of Virginia
School of Law
United States of America
Date Published: 1979
Page Count: 111
Sponsoring Agency: Fred B Rothman & Co
Littleton, CO 80123
Institute for Scientific Information
Philadelphia, PA 19104
Virginia Law Review Assoc
Charlottesville, VA 22901
Sale Source: Fred B Rothman & Co
Marketing Manager
10368 W Centennial Rd
Littleton, CO 80123
United States of America

Institute for Scientific Information
University City Science Ctr
3501 Market Street
Philadelphia, PA 19104
United States of America
Language: English
Country: United States of America
Annotation: THE MODEL SENTENCING AND CORRECTIONS ACT PROVIDES FOR A SENTENCING PROCESS COMMITTED TO EQUITABLY ALLOCATING PENALTIES AMONG CRIMINAL OFFENDERS. IMPLEMENTATION PROBLEMS OF THIS SENTENCING REFORM ARE EXAMINED.
Abstract: THE MODEL SENTENCING AND CORRECTIONS ACT, AS PROMULGATED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS, IS A PROPOSAL THAT ENCOMPASSES THE FULL RANGE OF ISSUES, RECOGNIZING THAT SENTENCING POWER IS DISPERSED WIDELY TO NUMEROUS AGENCIES AND INDIVIDUALS IN THE CRIMINAL JUSTICE SYSTEM AND THAT REFORM EFFORTS MUST EXTEND BEYOND THE COURTROOM OF THE SENTENCING JUDGE. FOR THIS REASON, THE SENTENCING REFORM POSSIBILITIES EVALUATED HERE ARE CONSIDERED IN RELATION TO SPECIFIC LEVELS OF SENTENCING POWER IN THE CRIMINAL JUSTICE SYSTEM. THE LEGISLATURE'S ROLE IN ESTABLISHING PARAMETERS OF DETERMINATE SENTENCING IS DISCUSSED FIRST, THE ANALYSIS ADDRESSING THE PURPOSES AND PRINCIPLES OF SENTENCING AND THE NATURE AND SELECTION OF SENTENCING VARIABLES. IN ADDITION, SENTENCING ALTERNATIVES, CONCURRENT AND CONSECUTIVE SENTENCES, AND THE MAXIMUM LENGTH OF STATUTORY SENTENCES ARE DISCUSSED. SECOND, THE PROPOSED SENTENCING COMMISSION'S ROLE IS EXPLAINED ON THE BASIS OF THE COMMISSION'S INTENDED PURPOSE--THE SENTENCING GUIDELINES IT IS EXPECTED TO CONSTRUCT. THIRD, THE COURT'S SENTENCING POWER IS ANALYZED THROUGH THE STUDY OF SENTENCING GUIDELINES, DEVIATION FROM APPELLATE REVIEW, AND SUSPENDED SENTENCES. FOURTH, SENTENCING POWER OF THE PAROLE BOARD IS ADDRESSED. THIS BODY IS DEEMED UNNECESSARY UNDER THE PROPOSED DETERMINATE SENTENCING SYSTEM. ITS PRESENT FUNCTIONS OF AFFECTING INMATE DISCIPLINE AND CONTROL, RELIEVING PRISON OVERCROWDING, AMELIORATING DISPARITY OF SENTENCING, AND PROVIDING COMPASSION ARE EVALUATED. FINALLY, THE SENTENCING POWERS OF THE PROSECUTORS AND THE CORRECTIONAL BUREAUCRACY ARE DISCUSSED. SENTENCING REFORM IS URGED ON AS WIDE A SCALE AS IS OUTLINED HERE; I.E., THROUGHOUT THE SYSTEM. FOOTNOTES AND SELECTED SENTENCING PROVISIONS ARE PROVIDED.
Index Term(s): Appeal procedures; Correctional reform; Court reform; Geographical sentencing variation; Judicial decisions; Law reform; Penalty severity rating; Sentence review; Sentencing commissions; Sentencing disparity; Sentencing guidelines; Sentencing/Sanctions; Standards
Note: PRICE QUOTED FOR FRED B. ROTHMAN AND COMPANY IS FOR ENTIRE ISSUE.
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66774

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