Skip to main content skip navigation
  • Account
    • Login
    • Manage
  • Subscribe
    • JUSTINFO
    • Register
  • Shopping Cart
  • Contact Us
    • Email
    • Feedback
    • Chat
    • Phone or Mail
  • Site Help
National Criminal Justice Reference Service
Office of Justice Programs header with links to bureaus/offices: BJA, BJS, NIJ, OJJDP, OVC, SMART Office of Justice Programs BJA BJS NIJ OJJDP OVC SMART Office of Justice Programs
Advanced Search  Search Help
    Browse By Topics  down arrow
  • A–Z Topics
  • Corrections
  • Courts
  • Crime
  • Crime Prevention
  • Drugs
  • Justice System
  • Juvenile Justice
  • Law Enforcement
  • Victims
CrimeSolutions
Add your conference to our Justice Events calendar
  • ABOUT NCJRS
  • OJP PUBLICATIONS
  • LIBRARY
  • SEARCH Q & A
  • GRANTS & FUNDING
  • JUSTICE EVENTS
Home / Publications / NCJRS Abstract

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.

1 record(s) found

 

NCJ Number: 70636 Find in a Library
Title: Distribution of Power in Sentencing - A Policy Analysis
Author(s): M I Zalman
Date Published: 1977
Annotation: Following an examination of the sentencing processs and its conceptual framework, this study proposes a commission model of sentencing; the model recommends a formal organization to make policy rulings covering discretionary decisions.
Abstract: A key element in sentencing is the distribution of diffusion of power whereby decisions that determine the actual fate of convicted offenders are made by several persons. The current movement toward determinate sentencing deliberately reduces the power of the patrol authorities but may inadvertently enhance the power of corrections departments or prosecutors. Failure to consider actual sentencing power in making reforms may lead to ineffective changes. Two historical-legal case studies of the distribution of power in Michigan sentencing laws show that sentencing laws are determined as much by overtly political factors as by more rational variables. The first case (People v. Moore) shows how the legislature, supreme court, and consititution acted and were used to affect the distribution of sentencing power. The second (People v. Cummings) examines the power of the Michigan Supreme Court to affect the sentencing structure. The Michigan Supreme Court's unique action of declaring indeterminate sentencing laws unconstitutional was a manifestation of the court's power. Two types of policy analysis of sentencing are undertaken, value analysis and empirical analysis. The analysis is confined to one city (Detroit) and to a narrow range of sentencing problems which focus on the sharing of power. The data show sentencing disparity attributable to different judicial officers and a moderate amount of racial disparity. The proposed sentencing model recommends that all key factors in sentencing be formally organized to make rules to modify the discretionary functions of member agencies. Chapters include extensive footnotes and tables. Approximately 250 references and 115 law cases are cited. (Author abstract modified)
Index Term(s): Sentencing commissions; Sentencing disparity; Sentencing guidelines; Sentencing reform; Sentencing/Sanctions
Sponsoring Agency: UMI Dissertation Services
Ann Arbor, MI 48106-1346
Sale Source: UMI Dissertation Services
300 North Zeeb Road
P.O. Box 1346
Ann Arbor, MI 48106-1346
United States of America
Page Count: 350
Type: Thesis/Dissertation
Language: English
Country: United States of America
Note: *This document is currently unavailable from NCJRS. State University of New York at Albany - doctoral dissertation
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=70636

*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.




Find in a Library

You have clicked Find in a Library. A title search of WorldCat, the world's largest library network, will start when you click "Continue." Here you will be able to learn if libraries in your community have the document you need. The results will open in a new browser and your NCJRS session will remain active for 30 minutes. Learn More.

You have selected:

This article appears in

In WorldCat, verify that the library you select has the specific journal volume and issue in which the article appears. Learn How.

Continue to WorldCat

You are about to access WorldCat, NCJRS takes no responsibility for and exercises no control over the WorldCat site.

 
Office of Justice Programs Facebook Page  Twitter Page
  • Bureau of Justice Assistance Facebook Page Twitter Page
  • Bureau of Justice Statistics Twitter Page
  • National Institute of Justice Facebook Page Twitter Page
  • Office for Victims of Crime Facebook Page Twitter Page
  • Office of Juvenile Justice and Delinquency Prevention Facebook Page Twitter Page
  • Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking Facebook Page Twitter Page
Contact Us | Feedback | Site Map
Freedom of Information Act | Privacy Statement | Legal Policies and Disclaimers
USA.gov | CrimeSolutions
Department of Justice | Office of Justice Programs