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NCJ Number: 77560 Find in a Library
Title: Practical Look at the Sentencing Provisions of S 1722
Journal: Journal of Criminal Law and Criminology  Volume:72  Issue:2  Dated:(Summer 1981)  Pages:555-630
Author(s): G B Tjoflat
Date Published: 1981
Page Count: 76
Type: Report (Study/Research)
Format: Article
Language: English
Country: United States of America
Annotation: The sentencing provisions of Senate bill 1722 are assessed from the practical standpoint of a judge, who must interpret and apply them, by means of discussion of a hypothetical case.
Abstract: An overview of S. 1722 looks into the general purposes of the bill and the implementation of the bill in the form of guidelines and commissions. A hypothetical case is then presented which involves the arrest of two offenders and proceeds through their sentencing hearings, motions to correct their sentences, and their various appeals. Applicable guidelines to the case are considered, with attention given to establishing the categories of the offense and of defendants; the needs for rehabilitation, incapacitation, and punishment; and guidelines for each category of offense involving each category of defendant. Examination of the hypothetical hearing attends to the prehearing motions, the alleged constitutional deficiencies (due process and double jeopardy objections), the alleged statutory deficiencies, the alleged deficiencies in the guidelines and policy statements, and the relief sought. The court's rulings in the hypothetical case are outlined, and the sentence review is proposed. Finally, matters to be considered in evaluating S. 1722 are covered, including alleviation of unwarranted disparity, appellate review, and constitutional questions and questions of statutory interpretation; suggestions for reform are presented. Footnotes are included.
Index Term(s): Case studies; Critiques; Federal Code; Judicial discretion; Sentencing disparity; Sentencing guidelines; Sentencing reform
Note: Presented at the Symposium on the Policies and Legal Theories Underlying the Proposed Federal Criminal Code.
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