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Articles 1 - 7 of 7
Full-Text Articles in Law
Penal Incarceration And Cruel And Unusual Punishment, William S. Mcaninch
Penal Incarceration And Cruel And Unusual Punishment, William S. Mcaninch
South Carolina Law Review
No abstract provided.
Sentencing: The Probation Officer, James Lowenthal
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
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
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
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
Authorized Dispositions Of Offenders Under The New Kentucky Penal Code, Gregory M. Bartlett
Kentucky Law Journal
No abstract provided.
The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar
The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar
Articles
Fifty years ago Clarence Darrow, probably the greatest criminal defense lawyer in American history and a leading opponent of capital punishment, observed: The question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment. Some states have abolished and then reinstated it; some have enjoyed capital punishment for long periods of time and finally prohibited the use of it. The reasons why it cannot be settled are plain. There is first of all no agreement as to the objects of punishment. Next there is no way to …