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Sentencing

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Penal Incarceration And Cruel And Unusual Punishment, William S. Mcaninch Nov 1973

Penal Incarceration And Cruel And Unusual Punishment, William S. Mcaninch

South Carolina Law Review

No abstract provided.

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Sentencing: The Probation Officer, James Lowenthal Oct 1973

Sentencing: The Probation Officer, James Lowenthal

IUSTITIA

Sentencing offenders of the criminal law is a widely diverse and complex problem. Few guidelines are available for those upon whom the task has been thrust. Depending upon the jurisdiction, various parties are responsible for sentence determination: juries, administrative agencies, legislatures, and judges. Most jurisdictions, however, require the judge to make the final determination.' To aid in this determination, many jurisdictions, including federal district courts, require or permit judges to consider a presentence investigation report prepared by a professional probation officer. The use of these reports and recommendations are generally limited to felony cases or to specific crimes where probation …

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Discretion In Felony Sentencing—A Study Of Influencing Factors, Barbara L. Johnston, Nicholas P. Miller, Ronald Schoenberg, Laurence Ross Weatherly Aug 1973

Discretion In Felony Sentencing—A Study Of Influencing Factors, Barbara L. Johnston, Nicholas P. Miller, Ronald Schoenberg, Laurence Ross Weatherly

Washington Law Review

The desirability and constitutionality of discretionary criminal sentencing can be ascertained only if the factors influencing sentencing decisions are known. The authors analyze data generated by a 1971 survey of Washington State superior court trial judges in order to identify the significant factors and to evaluate their relative importance in criminal sentencing. The results indicate that discretionary sentencing is influenced strongly by social biases in no way dependent upon the culpability of the offender, his personal behavior patterns, or circumstances of the crime.

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Appellate Review Of Sentencing, Julian Glenn Dupree Aug 1973

Appellate Review Of Sentencing, Julian Glenn Dupree

Louisiana Law Review

No abstract provided.

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Authorized Dispositions Of Offenders Under The New Kentucky Penal Code, Gregory M. Bartlett Jan 1973

Authorized Dispositions Of Offenders Under The New Kentucky Penal Code, Gregory M. Bartlett

Kentucky Law Journal

No abstract provided.

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Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction Jan 1973

Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction

Fordham Urban Law Journal

This article evaluates New York Criminal Procedure Law increasing the number of cases requiring pre-sentence investigations and reports by analyzing the consequences and benefits of pre-sentencing reports. The article focuses on the delays in the criminal justice system and urges the New York State government to undertake a comprehensive review of the criminal justice system to determine whether plea bargaining is both the most effective and efficient method of achieving the system's goals. The article then suggests interim measures to be taken to alleviate delays produced by pre-sentence investigations.

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Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr. Jan 1972

Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

It has become apparent that the two disciplines of law and psychiatry have a common "interface" in the field of criminal justice. Commentators generally agree that the administration of criminal justice is greatly aided by psychiatrists and psychiatric data. That is not to say, however, that the meeting of the disciplines has been without incident or misunderstanding. Problems have arisen because of divergent attitudes and goals of the professions. Some commentators say that the concerns of the two disciplines are not the same; others claim that much of the problem lies in the over-estimation of the certainty and reliability of …

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Title X - Dangerous Special Offender Sentencing, Richard Levy Jan 1971

Title X - Dangerous Special Offender Sentencing, Richard Levy

University of Michigan Journal of Law Reform

Undoubtedly the most controversial new provision in the Organized Crime Control Act of 1970 is title X. Title X authorizes a federal prosecuting attorney to notify the defendant and the court before trial that the defendant, if found guilty of the felony on which he is being tried, is in the prosecutor's opinion also subject to the dangerous special offender provisions embodied in the title. Should the defendant be judged guilty of the felony, he then will fall subject to an additional penalty beyond that received for the conviction if the judge finds that he qualifies as one of three …

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Plea Bargaining: A Model Court Rule, Kenneth A. Kraus Jan 1971

Plea Bargaining: A Model Court Rule, Kenneth A. Kraus

University of Michigan Journal of Law Reform

It is not the purpose of this note to discuss the justification for the plea bargaining process, for it is clear that this system will of necessity be continued in the foreseeable future. Instead, this analysis is designed first to present the functional role, constitutional status and existing abuses in the plea bargaining process, and then to discuss the goals and the proposed standards relevant to reform of the present plea bargaining procedures. The culmination of this analysis is the proposed Model Court Rule for Plea Agreements in part III.

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Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr. Jan 1971

Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr.

Kentucky Law Journal

No abstract provided.

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Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher Jan 1970

Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

The purpose of this article is to set out, in summary fashion, the law concerning juvenile offenders in Ethiopia. Our focus will be on procedural rather than substantive aspects-insofar as it is possible to separate the two-and particularly upon the enforcement of constitutional guarantees in the process.

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Imprisonment For Nonpayment Of Fines And Costs: A New Look At The Law And The Constitution, Paul M. Stein Apr 1969

Imprisonment For Nonpayment Of Fines And Costs: A New Look At The Law And The Constitution, Paul M. Stein

Vanderbilt Law Review

This note is based on the premise that a new understanding of the principles of sentencing has evolved during the past half-century. After articulating this thesis, one which has been more fully developed elsewhere, an assessment is made of the extent to which the more modern concepts of sentencing have been embodied in public policy as enunciated in statutes and court decisions, particularly decisions interpreting constitutional requirements. This examination reveals tha the existing rules and practices concerning imprisonment for fines and costs reflect uneasy compromises between competing policies and that these rules and practices are largely holdovers from an earlier …

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The Concept Of Treatment In The Criminal Law, Sol Rubin Jan 1969

The Concept Of Treatment In The Criminal Law, Sol Rubin

South Carolina Law Review

No abstract provided.

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Criminal Procedure--Constitutional Limitations On Imposition Of More Severe Sentence After Conviction Upon Retrial, W. Stokes Harris Jr. Jan 1969

Criminal Procedure--Constitutional Limitations On Imposition Of More Severe Sentence After Conviction Upon Retrial, W. Stokes Harris Jr.

Kentucky Law Journal

No abstract provided.

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Appellate Review Of Legal But Excessive Sentences: A Comparative Study, Gerhard O.W. Mueller, Fre Le Poole May 1968

Appellate Review Of Legal But Excessive Sentences: A Comparative Study, Gerhard O.W. Mueller, Fre Le Poole

Vanderbilt Law Review

Classical penology was conceived in France in the eighteenth century, and then eclipsed all over the world in the nineteenth, when Lombroso conjured up the picture of the born criminal. It was finally laid to rest in the United States in the twentieth century. Its basic tenet had been simple enough: the legislature in its infinite wisdom would seek and find the appropriate punishment for every crime.This can be accomplished if a crime is defined narrowly enough, perhaps by the creation of subcategories of that crime, so as to encompass all potential perpetrators who will each incur the same amount …

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Federal Procedure - Habeas Corpus - The Preliminary Doctrine - Rowe V. Peyton, 383 F.2d 709 (4th Cir. 1967) Mar 1968

Federal Procedure - Habeas Corpus - The Preliminary Doctrine - Rowe V. Peyton, 383 F.2d 709 (4th Cir. 1967)

William & Mary Law Review

No abstract provided.

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Model Penal Code: Sentencing, Probation And Parole, Roy Mitchell Moreland Jan 1968

Model Penal Code: Sentencing, Probation And Parole, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

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