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NCJRS Abstract

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NCJ Number: 68601 Find in a Library
Title: PRIMER ON FEDERAL SENTENCING OPTIONS AND PROCEDURES, PART II
Journal: CRIMINAL LAW BULLETIN  Volume:16  Issue:3  Dated:(MAY/JUNE 1980)  Pages:197-231
Author(s): J SMITH
Date Published: 1980
Page Count: 35
Type: Report (Study/Research)
Format: Article
Language: English
Country: United States of America
Annotation: THE CONCLUDING PART OF A GUIDE TO THE LAW OF FEDERAL SENTENCING DESCRIBES THE PROCEDURES SURROUNDING THE SENTENCING PROCESS, THE WAY SENTENCING DATA COME BEFORE THE COURT, AND THE NATURE OF THE DATA.
Abstract: THE CONSTITUTIONAL AND STATUTORY FRAMEWORK FOR SENTENCING ARE PLACED IN HISTORICAL PERSPECTIVE. SUPREME COURT DECISIONS ON SENTENCING PROCEDURES ARE CITED IN THE FOLLOWING CASES: TOWNSEND V. BURKE, WILLIAMS V. NEW YORK, WILLIAMS V. OKLAHOMA, AND GARDNER V. FLORIDA. THE SOURCES AND NATURE OF SENTENCING INFORMATION ARE DISCUSSED. THE USES OF THE PRESENTENCE INVESTIGATION AND REPORT AND THE CONTENTS OF THE REPORT ARE OUTLINED; THE CONTROLS ON DISCLOSURE ARE DISCUSSED. SINCE THE COURT CAN COMMIT ADULTS, YOUTHFUL OFFENDERS, OR JUVENILE DELINQUENTS TO THE ATTORNEY GENERAL'S CUSTODY FOR OBSERVATION AND STUDY PRIOR TO SENTENCING, THE CONTENTS OF THE BASIC STUDY REPORT MUST BE SPECIFIED. THE REPORT IS TREATED AS A PRESENTENCE INVESTIGATION AND ITS DISCLOSURE IS GOVERNED BY THE SAME RULES. SPECIFICS FOR THE REPORT ON NARCOTICS ADDICTS ARE PROVIDED, INCLUDING THE DEFINITION OF THE ADDICT, THE CONTENTS OF THE REPORT, AND THE RULES GOVERNING DISCLOSURE. FINALLY, THE GUIDE ADDRESSES SEVERAL IMPROPER SENTENCING FACTORS, THE SPECIAL SENTENCING RULES THAT APPLY TO DANGEROUS SPECIAL OFFENDERS AND MANY DRUG OFFENDERS, AND SEVERAL COLLATERAL SENTENCING TOPICS. EXTENSIVE REFERENCES AND CASE LAW ARE PROVIDED.
Index Term(s): Background investigations; Judicial decisions; Personality assessment; Presentence investigations; Presentence studies; Psychological evaluation; Rights at sentencing; Sentencing guidelines
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68601

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