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Sentencing

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Sentencing Antitrust Felons Sep 1977

Sentencing Antitrust Felons

Washington and Lee Law Review

No abstract provided.


Alaska Justice Forum ; Vol. 1, No. 3 (July 1977), Michael L. Rubinstein, Judy Hill, John E. Angell, Peter Smith Ring, John E. Havelock Jul 1977

Alaska Justice Forum ; Vol. 1, No. 3 (July 1977), Michael L. Rubinstein, Judy Hill, John E. Angell, Peter Smith Ring, John E. Havelock

Vols 01-10 (1977-1994)

The July1977 issue of the Alaska Justice Forum leads with a presentation of salient findings from the Alaska Judicial Council's interim report of the Alaska attorney general's ban on plea bargaining. Other articles include a history of the Alaska Criminal Justice Planning Agency (CJPA), which serves as staff to the Governor's Commission on the Administration of Justice, a description of the newly developed two-year and four-year Justice degree programs at the University of Alaska, and a critical look at the misuse of public opinion surveys to address criminal justice issues. The third of a six-part series on the history of …


Sentencing Issues: A Summary, Peter Smith Ring, Robert C. Erwin, Jerold Israel Feb 1977

Sentencing Issues: A Summary, Peter Smith Ring, Robert C. Erwin, Jerold Israel

Reports

This document contains three summaries prepared as an introduction for members of the Alaska Legislature to criminal sentencing issues: (1) A paper on presumptive sentencing reviews the study "Fair and Certain Punishment: Report of the Twentieth Century Fund Task Force on Criminal Sentencing" (McGraw-Hill, 1976), and presents a guide for legislative action prior to the enactment of a presumptive sentencing system. (2) A report on sentencing standards in Alaska presents excerpts from Alaska Supreme Court Justice Robert C. Erwin's article "Five Years of Sentence Review in Alaska" (5 U.C.L.A. Law Review 1 (1975)). (3) A final paper, "An Introduction to …


Sentencing Alternatives To Fine And Imprisonment, Francis J. Merceret Jan 1977

Sentencing Alternatives To Fine And Imprisonment, Francis J. Merceret

University of Miami Law Review

After reviewing the sentencing process from sentencing by the judge through appellate review, this commentary focuses on possible solutions to current problems. The commentator suggests several changes that should result in more uniform application of sentencing. Also, several alternative processes are reviewed and recommended for adoption.


Towards Principled Sentencing, Norval Morris Jan 1977

Towards Principled Sentencing, Norval Morris

Maryland Law Review

No abstract provided.


Senate Bill 42 - The End Of The Indeterminate Sentence, Paula A. Johnson Jan 1977

Senate Bill 42 - The End Of The Indeterminate Sentence, Paula A. Johnson

Santa Clara Law Review

No abstract provided.


Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef Oct 1976

Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef

Indiana Law Journal

No abstract provided.


Potential Impact Of Mandatory Minimum Sentencing On Existing Division Of Corrections Adult Offender Inmate Capacity, Peter Smith Ring Apr 1976

Potential Impact Of Mandatory Minimum Sentencing On Existing Division Of Corrections Adult Offender Inmate Capacity, Peter Smith Ring

Reports

This report was prepared for the Alaska Criminal Code Revision Commission to provide its members with an assessment of the potential impact on the Alaska Division (later Department) of Corrections adult offender inmate capacity likely to result from enactment of mandatory minimum sentencing provisions. The study projected that DOC would need at least 200 more secure units by 1981 if mandatory minimum sentencing was applied to second or subsequent felony offenders for a limited number of felony violent crimes. Application of mandatory minimums for such offenders to ALL felonies would likely result in DOC's entire capacity being used up within …


Alaska Criminal Code Revision: Preliminary Report, Alaska Criminal Code Revision Commission Jan 1976

Alaska Criminal Code Revision: Preliminary Report, Alaska Criminal Code Revision Commission

Reports

The Alaska Criminal Code Revision Commission was established in 1975 with the responsibility to present a comprehensive revision of Alaska’s criminal code for consideration by the Alaska State Legislature. This preliminary report consider the need for a revised criminal code in Alaska and presents proposed drafts, with commentary, of statutes on property-related crimes, general criminal code provisions, and sentencing. A specific recommendation is made to continue the Criminal Code Revision Commission or reconstitute it through formal legislative action in order to provide sufficient time for the complex work needed to revise the criminal code.


Book Review, G. S. Friedman Jan 1976

Book Review, G. S. Friedman

Cleveland State Law Review

This entry reviews Prisons: Houses of Darkness by Leonard Orland. The book presents a short history on prisons and their development while also noting the major weaknesses of prisons today. Orland closes this text by suggesting possible reforms to the penal system. He writes that eliminating indeterminate sentences and capping sentences to five years would help to improve America's prison system.


Appellate Review Of Federal Youth Corrections Act Sentences In The Aftermath Of Dorszynski V. United States, Catherine A. Foddai Jan 1976

Appellate Review Of Federal Youth Corrections Act Sentences In The Aftermath Of Dorszynski V. United States, Catherine A. Foddai

Fordham Law Review

No abstract provided.


Some Aspects Of The Principles Of Sentencing / Kunna Mani Sinniah, Sinniah Kunna Mani Sep 1975

Some Aspects Of The Principles Of Sentencing / Kunna Mani Sinniah, Sinniah Kunna Mani

Pre-2000 Student Works

Sentencing is certainly not an aspect of criminal law and justice that is peculiar and of interest to the courts alone. In fact it is one aspect of the law which has attracted not only the courts, but also the criminologists, administrators, politicians, and the public at large. Sentencing, is itself a wide topic and in this paper, it is proposed to look at certain aspects of sentencing. This paper will not delve into the pros and cons of the various theories of punishment, for this can be obtained from any book on sentencing, not will it deal in depth …


The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr. Aug 1975

The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.

Michigan Law Review

This article will focus on the mechanics of the individualization process: the manner in which dispositional information is collected, the quality of the resulting data, and the methodologies employed for its communication to and assessment by correctional decision makers. This focus is important because another distinctive feature of the American criminal justice system is the severity of the sentences it imposes. Not only is the average length of sentences imposed on American offenders far in excess of that imposed in other Western nations, but there is considerable evidence that the average length of sentences has increased in direct response to …


Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris Feb 1975

Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris

West Virginia Law Review

The time is ripe for a major restructuring of our criminal sanctioning systems. Pressures for change are arising from many sources. As crime rates continue to rise and public fear of crime grows apace, thoughtful persons from many walks of life are more strongly articulating the need to find a different method of dealing with those convicted of violating the criminal law. The criminal prosecutions and dispositions arising from Watergate and related cases have brought many of the issues of unequal justice into the thoughts of American citizens. Proposals for criminal and penal code revision await action in legislatures throughout …


Standards For Accepting Guilty Pleas To Misdemeanor Charges, Richard A. Kopek Jan 1975

Standards For Accepting Guilty Pleas To Misdemeanor Charges, Richard A. Kopek

University of Michigan Journal of Law Reform

The guilty plea-not the trial-is the most common manner of disposing of criminal cases in America. It has been estimated that 90 percent of all convictions and 95 percent of misdemeanor convictions are the result of guilty pleas. Various reasons have been advanced to explain this heavy reliance on the guilty plea. For example, it avoids the drain on judicial resources that would occur if all cases had to be tried. In addition, it eliminates the risks and uncertainties of trials and permits flexibility in sentencing. Because of the prevalence of guilty pleas, there must be procedural safeguards to insure …


Mullaney V. Wilbur, Lewis F. Powell Jr. Oct 1974

Mullaney V. Wilbur, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris Jan 1974

Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris

Cleveland State Law Review

Having briefly outlined the history of the formal development of the Act, it is the purpose of this Article to discuss in narrative form the legislative process on certain key provisions which were the subject of much debate and disagreement. These areas of disagreement include murder and felony penalties, especially minimum sentences; capital punishment to conform to the U.S. Supreme Court's Furman decision as well as other changes; parole eligibility for those serving life sentences for a capital offense; early release on parole, also known as shock parole; eligibility for probation; definition of reasonable doubt and jury instructions on reasonable …


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.


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 …


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.


Appellate Review Of Sentencing, Julian Glenn Dupree Aug 1973

Appellate Review Of Sentencing, Julian Glenn Dupree

Louisiana Law Review

No abstract provided.


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.


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.


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 …


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.


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 …


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.


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.


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 …


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.