EQUAL PROTECTION APPLIED TO SENTENCING

• NCJ Number: 12717
• Journal: Iowa Law Review Volume: 58 Issue: 3 Dated: (FEBRUARY 1973) Pages: 596-617
• Author(s): ANON
• Date Published: 1973
• Length: 22 pages
• Corporate Author: University of Iowa
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF JUDGE SENTENCING DISCRETION, THE DISPARATE SENTENCES THAT RESULT, AND EXISTING AND PROPOSED METHODS OF LIMITING THIS DISCRETION.

Abstract

THE AUTHOR OUTLINES ARGUMENTS FOR AND AGAINST UNFETTERED JUDICIAL DISCRETION IN SENTENCING. HE CONCLUDES THAT THE ARGUMENTS IN FAVOR OF RESTRICTING DISCRETION ARE THE MORE CONVINCING. OF THE EXISTING AND PROPOSED LIMITS ON JUDGE SENTENCING DISCRETION, EQUAL PROTECTION CONSTRAINTS SEEM TO BE THE MOST APPEALING. THE AUTHOR EXAMINES THE PRESENT SCOPE AND APPLICATION OF THE EQUAL PROTECTION CLAUSE, AND SUGGESTS EXTENDING THE DOCTRINE INTO THE AREA OF SENTENCING DISPARITY.