Chapter

The Expanded Limiting-Retributive, State-Guidelines Model

Richard S. Frase

in Just Sentencing

Published in print December 2012 | ISBN: 9780199757862
Published online January 2013 | e-ISBN: 9780199979547 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199757862.003.0001

Series: Studies in Penal Theory and Philosophy

The Expanded Limiting-Retributive, State-Guidelines Model

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This chapter provides a full statement and defense of the principles and procedures of the proposed sentencing model. Principles include definite, asymmetric desert-based severity limits; expressive sentencing goals that also recognize symbolic censure; ends-benefits proportionality; parsimony; social equality; within-desert adjustments for offender risk and needs; retention of substantial judicial sentencing authority; and front-end, system-wide correctional resource management. These principles are implemented with legally binding, commission-supervised sentencing guidelines, enforced by required statements of reasons and modest appellate review. Other important procedures include required resource- and racial-impact assessments; limited sentence enhancements for prior convictions and multiple current offenses; frequent use of suspended-execution sentences (for symbolic censure, risk management, and parsimony); encouraged intermediate punishments with limits on maximum severity; limits on sentence modifications via revocation or more severe conditions of release; abolition of parole-release discretion; moderate inmate good-time credits that also reflect program participation; and supervised release periods unrelated to earned good time.

Keywords: expressive sentencing; intermediate punishments; offender risk and needs; parole; prior convictions; proportionality; racial impact assessments; resource impact assessments; sentencing guidelines; suspended sentences

Chapter.  24119 words. 

Subjects: Criminal Law

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