SENTENCING - PRIOR ARRESTS NOT FOLLOWED BY A CONVICTION MAY BE 'CONSIDERED' AT SENTENCING

• NCJ Number: 15780
• Journal: Rutgers Law Review Volume: 27 Issue: 3 Dated: (SPECIAL ISSUE) Pages: 534-544
• Author(s): ANON
• Date Published: 1974
• Length: 11 pages
• Corporate Author: Rutgers University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF THE PREMISES WHICH LED TO THE NEW JERSEY SUPREME COURT'S DECISION IN STATE V. GREEN THAT ARREST RECORDS COULD BE INCLUDED IN PRESENTENCE REPORTS.

Abstract

THE COURT CITED THE USEFULNESS OF ARREST RECORDS IN FACILITATING INDIVIDUALIZED SENTENCING AS JUSTIFICATION FOR ITS DECISION. EXAMINED IS WHETHER THE GREEN COURT ESTABLISHED SATISFACTORY GUIDELINES FOR THE USE OF ARREST RECORDS IN DETERMINING SENTENCES. ALSO CONSIDERED IS WHETHER ALTERNATE APPROACHES TO THE PROBLEM WOULD MINIMIZE POSSIBLE PREJUDICE TO THE DEFENDANT.