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NCJ Number: 67683 Find in a Library
Title: MANDATORY DISPOSITIONS V JUDICIAL DISCRETION (FROM JUVENILE JUSTICE NATIONAL CONFERENCE, 4TH, LOS ANGELES (CA), FEBRUARY 6-10, 1977 - AUDIOTAPE CASSETTE HIGHLIGHTS, GROUP 2, 1977 - SEE NCJ-67682)
Corporate Author: National Council of Juvenile and Family Court Judges
United States of America

National District Atorneys Assoc
United States of America

Teach 'Em Inc
United States of America
Date Published: 1977
Sponsoring Agency: National Council of Juvenile and Family Court Judges
Reno, NV 89507
National District Atorneys Assoc
Alexandria, VA 22314
Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
Teach 'Em Inc
Chicago, IL 60611
Publication Number: J-34, J-35-SIDE 3
Sale Source: National Council of Juvenile and Family Court Judges
P.O. Box 8970
Reno, NV 89507
United States of America

Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: THIS CASSETTE TAPE PRESENTS ARGUMENTS FOR AND AGAINST MANDATORY SENTENCING AS OPPOSED TO THE JUDICIAL DISCRETION NOW USED IN THE JUVENILE JUSTICE SYSTEM.
Abstract: THE SIDE THAT ARGUES AGAINST MANDATORY SENTENCING OUTLINES SEVERAL ASPECTS OF DISCRETION USED IN TODAY'S SYSTEM THAT MANDATORY SENTENCING DOES NOT TOUCH. THESE INCLUDE THE VICTIM'S DISCRETION TO CALL THE POLICE, THE DISCRETION OF THE POLICE OFFICER AT THE SCENE, THE OFFICER'S COMPLAINT AGAINST THE DEFENDANT, PROSECUTOR'S DISCRETION ON WHAT TO CHARGE, PLEA BARGAINING, THE JURY, AND THE WARDEN OF THE PRISON. MANDATORY SENTENCING REQUIRES THAT THE DEFENDANT BE SENTENCED BY WHAT'S GOOD FOR THE AVERAGE PERSON, AND THAT SENTENCE DETERMINED BY THE LEGISLATURE MAY BE TOO MUCH OR TOO LITTLE FOR A PARTICULAR INDIVIDUAL. THIS SIDE SUGGESTS THAT THE SYSTEM SHOULD PREVENT FUTURE OFFENSES BY INDIVIDUALIZING YOUNG OFFENDERS AND TEACHING THEM TO COPE WITH SOCIETY. SECONDLY, THE SYSTEM SHOULD MAKE THE LEAST INTRUSION POSSIBLE INTO THE LIVES OF THE DEFENDANTS BECAUSE OF PUBLIC NEEDS. FINALLY, JUDGES SHOULD MONITOR WHAT IS DONE AFTER SENTENCING, WHEREAS MANDATORY SENTENCING STATES THAT WHAT HAPPENS NEXT IS NOT THE JUDGES' RESPONSIBILITY. IF CONVICTS ARE RELEASED EARLY, HEARINGS SHOULD BE HELD SO THAT JUDGES CAN HEAR BOTH SIDES OF THE QUESTION OF WHETHER IT IS SAFE OR DANGEROUS TO RETURN PARTICULAR OFFENDERS TO SOCIETY. HOWEVER, THE OTHER SIDE FAVORS MANDATORY SENTENCING FOR JUVENILE OFFENDERS OF SERIOUS CRIMES, AND CESSATION OF THE JUDGES' DISCRETIONARY ROLE WHEN THE SENTENCE IS IMPOSED. THIS SENTENCING WILL FORCE JUDGES TO IMPOSE SENTENCES OF IMPRISONMENT FOR SERIOUS CRIMES. THIS SIDE IS NOT CONCERNED WITH WHAT IS BEST FOR THE DEFENDANT. THIS SIDE ALSO BELIEVES THAT THE MANDATORY SYSTEM WILL EFFECT DETERRENCE BECAUSE DIFFERENT JUDGES WOULD IMPOSE THE SAME SENTENCE FOR THE SAME CRIME.
Index Term(s): Deterrence; Judicial discretion; Judicial process; Juvenile justice system; Mandatory Sentencing; Tape recordings
Note: *This document is currently unavailable from NCJRS. THIS PROGRAM IS ONE WHOLE AUDIOCASSETTE PLUS HALF SIDE OF ANOTHER AUDIOCASSETTE. FOR THE PROGRAM ON THE OTHER SIDE OF THE SECOND AUDIOCASSETTE, SEE NCJ-67684. FOR THE ENTIRE KIT, SEE NCJ-67682.
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