ANARCHY OF SENTENCING IN THE FEDERAL COURTS

• NCJ Number: 11921
• Journal: Judicature Volume: 57 Issue: 3 Dated: (OCTOBER 1973) Pages: 96-104
• Author(s): W J ZUMWALT
• Date Published: 1973
• Length: 9 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DESCRIPTION AND CRITIQUE OF FEDERAL SENTENCING PROCEDURES, WITH EMPHASIS ON THE HISTORY, CAUSES, AND EFFECTS OF SENTENCING DISPARITY, AND SUGGESTED REMEDIES.

Abstract

DISPARITY IS DEFINED AS A SENTENCING DIFFERENCE UNRELATED TO THE CONSIDERATION OF APPROPRIATE AGGRAVATING AND MITIGATING CIRCUMSTANCES. IT IS PRESENTED AS A DAMAGING, BUT ELUSIVE FACTOR IN SENTENCING, AND CONTRARY TO DUE PROCESS. THE AUTHOR CRITICIZES THE RATIONALE FOR THE JUDICIAL BAN AGAINST SENTENCE REVIEW, AS WELL AS THE WEAKNESSES OF THE TWO EXCEPTIONS TO THAT BAN (INSTANCES OF FACTUAL ERROR IN PRESENTENCING REPORTS, AND THE EXISTENCE OF EXCEPTIONAL CIRCUMSTANCES). AFTER A DISCUSSION OF THE EXTERNAL FACTORS INVOLVED IN THE MISUSE OF JUDICIAL DISCRETIONARY POWER, THE AUTHOR PRESENTS SEVERAL RECOMMENDATIONS FOR ELIMINATING DISPARITY.