By Richard S. Frase
For many of the twentieth Century, sentencing reasons and approaches have been nearly an identical in all American jurisdictions. the first sentencing aim was once rehabilitation, to be entire more often than not in felony. to accomplish this aim, judges and parole forums got large discretionary powers. within the Seventies, felony students and critics started to query such unfettered discretion, and to recommend for a procedure of prison-as-punishment, now not as ethical reeducation. Lawmakers started to test with vital consequences and different limits on sentencing discretion. those alterations broke the formerly uniform commonplace of sentencing in the US. this day, sentencing reasons and methods range wildly among diverse nation and federal jurisdictions. Our fragmented sentencing method has contributed to extraordinary raises in felony and penal complex inmate populations, disproportionately affecting racial minorities and making a superb drain on nation budgets. The platforms in such a lot jurisdictions are disorganized, pricey, and unfair. we'd like a brand new imaginative and prescient, and a brand new means forward.
In simply Sentencing, Richard S. Frase bargains a hybrid sentencing version that mixes clearly-stated normative ideas with strategies that experience confirmed profitable in perform. Frase advocates an elevated model of the speculation of proscribing retributivism, spotting desert-based and different limits on sentence severity whereas accommodating crime keep an eye on and different non-retributive punishment reasons. those rules are carried out with techniques in line with the easiest nation sentencing guidance structures, together with essential source- and demographic-impact checks, appellate overview that preserves mammoth trial court docket discretion, and abolition of parole liberate discretion. This ebook additionally exhibits how the center ideas and systems of the proposed version were effectively carried out in numerous states, and recommended in version sentencing codes and standards.
America presently lacks a entire realizing of the needs and bounds of punishment. simply Sentencing deals us a cogent and urgently-needed answer for the incoherent and unsustainable American sentencing method.
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Additional info for Just Sentencing: Principles and Procedures for a Workable System
But the procedures cannot be deemed essential model features because there is little experience with most of them in practice, and because the need for them is much less in jurisdictions that make infrequent use of extremely long prison terms. F. Organization of Chapters The remainder of this book is organized as follows. Chapter 1 provides a fuller statement of the principles and procedures of the expanded model, and the rationales for each of the model’s main features. Chapter 2 examines and critiques hybrid theories proposed by Norval Morris and Introduction • 23 other writers, as well as nonhybrid (purely retributive or utilitarian) theories.
But under Morris’s theory both types of limits are vague, reflecting his view that desert assessments are imprecise. Morris believed that in any given case most people will find some extreme penalties undeservedly severe or lenient, but that between those limits we cannot reach consensus on what degree of punishment the offender deserves. , Ristroph 2006; Bottoms 1998; Zimring and Hawkins 1995; Tonry 1994; Walker 1991; H. L. A. Hart 1968; Ewing 1929). , Kolber 2009b) also point to imprecision on the penalty side of the equation, arguing that two equally blameworthy offenders who receive the same prison term will often have different subjective experiences of punishment severity.
Recognition of Expressive Goals, Symbolic Censure, and Conditional Hard Treatment The expanded limiting-retributive model gives much more weight than Morris did to the moral-education, communicative, and other expressive functions of punishment. Morris only weakly endorsed these functions by stating that sometimes a minimum degree of sanction severity is necessary in order not to depreciate the seriousness of the offense (Morris 1974, 60, 78–79). 1 For example, retributivists such as Andrew von Hirsch argue that the essence of punishment is to censure blameworthy acts, in proportion to their wrongfulness.
Just Sentencing: Principles and Procedures for a Workable System by Richard S. Frase