ISSN:0735-3936    

DOI:10.1002/bsl.2370070102

出版商:John Wiley&Sons, Ltd.    

年代:1989

数据来源: WILEY

摘要:

AbstractGuideline sentencing systems, including the new federal guidelines, have not settled on a clear conception of when and how a trial judge should explain sentences. Indeterminate sentencing systems did not have a tradition of written sentencing decisions and recent sentencing reforms do not focus on the trial judge's role. This article suggests the many advantages of written sentencing opinions. Initial experience under the federal sentencing guidelines bolsters the conclusion that written sentencing opinions in appropriate cases—including both sentences “within” guidelines and guideline “departures”—are the next step in the evolving law of sentencing and the best way to recognize trial judges as an essential engine of princi

ISSN:0735-3936    

DOI:10.1002/bsl.2370070103

出版商:John Wiley&Sons, Ltd.    

年代:1989

数据来源: WILEY

摘要:

AbstractThe Canadian Sentencing Commission released its report in1987. The article draws on the research conducted on behalf of this commission to present a critical overview of the problems of sentencing in Canada. The reform proposed in the commission's report is also discussed. First, the U.S. and the Canadian sentencing systems are contrasted with regard to the issues of determinacy in sentencing, appellate review, and federal jurisdiction. Second, the main problems are identified, namely, disparity, the overuse of incarceration, and the gap between what the sentencing process claims to be doing and its actual operation and effects. Several instances of the divorce between appearance and reality in sentencing are provided and their impact is assessed. Third, the reform proposed by the Canadian Sentencing Commission is outlined and the consequences of adopting a model based on the principle of proportionality are underlined. The article concludes by contrasting two strategies to control the growth of prison populations.

ISSN:0735-3936    

DOI:10.1002/bsl.2370070104

出版商:John Wiley&Sons, Ltd.    

年代:1989

数据来源: WILEY

摘要:

AbstractThe Sentencing Reform Act of 1984, which created the U.S. Sentencing Commission, required that the commisson consider prison capacity in drafting sentencing guidelines. As part of the commission's efforts to meet this requirement, we developed a computer simulation capable of projecting the impact of the commission's guidelines on future sentences and prison populations. According to our projections, “straight” probation sentences will be reduced significantly under the guidelines. However, reducing the use of probation will generate only modest demands on the prisons, and then mostly for community corrections phased in over the course of 5 years. We also project that, while average time served for violent offenses will increase substantially, average time served for most property crimes will remain largely the same. Finally, while we forecast that federal prison populations will grow markedly by the end of this century, this is more a result of the Anti‐Drug Abuse Act of 1986 and the career offender provision of the Comprehensive Crime Control Act of 1984 than a result of the guide

ISSN:0735-3936    

DOI:10.1002/bsl.2370070105

出版商:John Wiley&Sons, Ltd.    

年代:1989

数据来源: WILEY

摘要:

AbstractOpinion polls report that the pubic is increasingly critical of perceived judicial leniency in sentencing. To examine the degree and pattern of judicial leniency, Illinois judges and laypersons were asked to impose sentences on the same offenders. Contrary to the myth of judicial leniency, the sentences given by laypersons tended to be equal to or less severe than those given by judges. Explanations are offered for the divergence between myth and reality, including the availability heuristic and the impact of biased recall.

ISSN:0735-3936    

DOI:10.1002/bsl.2370070106

出版商:John Wiley&Sons, Ltd.    

年代:1989

数据来源: WILEY

摘要:

AbstractMeasures of seriousness of the conviction offense and prior criminal record are strong correlates of sentences. This is consistent with a desert orientation to sentencing. Competing sentencing theories emphasize concepts of risk and incapacitation, but their roles in sentencing decisions have received less attention.This study focused on judicial risk assessments and on the concept of stakes. Both variables plausibly are related to incapacitative intents of judges. Our hypotheses that the risk and stakes measures used are relatively independent and correlated with, and have an interaction effect on, decision outcomes were supported. Both judges' assessments of risk and our stakes scale accounted for substantial variation in the decision to incarcerate. Time actually served in confinement also was related substantially to stakes, risk, and their interaction.Implications of the stakes and risk concepts for future guidelines development and decision study in criminal justice are discussed.

ISSN:0735-3936    

DOI:10.1002/bsl.2370070107

出版商:John Wiley&Sons, Ltd.    

年代:1989

数据来源: WILEY

摘要:

AbstractOver the course of the past decade and a half, enormous energy and talent have been devoted to the issue of determinate sentencing. Yet today we know little about the values underlying this reform, and we know even less about the efficacy of determinate sentencing as a crime control policy. This article considers these issues in Indiana 10 years after the renovation of the state's Penal Code. Through a survey of state legislators, an examination of law, official statistics, and personal interview data, the analysis endeavors to understand the ideologies, pragmatics, and impacts of sentencing reform. It is suggested that the implementation of determinate sentencing represents a corruption of both good intentions (“conscience)” and policy objectives. Parenthetically, the article argues that the constructs known as the crime control model and the justice model both constitute a case of arid scholasticism. That is, sentencing reform can be more fully understood in terms of organizational “conveni

ISSN:0735-3936    

DOI:10.1002/bsl.2370070108

出版商:John Wiley&Sons, Ltd.    

年代:1989

数据来源: WILEY

摘要:

AbstractThe movement to replace indeterminate with determinate sentencing is among the most important recent developments in the criminal justice field. While the views of citizens and scholars on the subject have been widely promulgated, little is known about those of the ultimate “consumers” of sentencing reform, namely, inmates. This article examines the views of a systematic sample of inmates in a maximum security institution in Massachusetts. Subjects' opinions were sought on the relative merits of the two typs of sentencing, and possible behavioral and deterrent effects of a proposed switch to determinate sentencing. More inmates were found to be either opposed to or undecided about than in favor of determinate sentenc

ISSN:0735-3936    

DOI:10.1002/bsl.2370070109

出版商:John Wiley&Sons, Ltd.    

年代:1989

数据来源: WILEY

ISSN:0735-3936    

DOI:10.1002/bsl.2370070101

出版商:John Wiley&Sons, Ltd.    

年代:1989

数据来源: WILEY