Chapter

Elements of the Expanded Model in Minnesota, Other Sentencing Systems, and Model Codes

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/9780199757862.003.0003

Series: Studies in Penal Theory and Philosophy

Elements of the Expanded Model in Minnesota, Other Sentencing Systems, and Model Codes

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This chapter demonstrates support for the wisdom and viability of the proposed model by identifying examples of its principles and procedures embodied in modern sentencing laws, practices, and standards. Emphasis is on state sentencing guidelines, beginning with a review of existing, fully functioning systems, showing whether and when they incorporated model features such as a permanent sentencing commission, resource-impact assessments, enforcement by appellate review or other methods, abolition of parole discretion, and regulation of intermediate sanctions, misdemeanor sentencing, and revocation of probation or postprison release (parole). Detailed analysis is provided for systems most closely resembling the proposed model, in Kansas, Minnesota, North Carolina, Oregon, and Washington. The chapter then identifies elements of the model in other guidelines systems, nonguidelines systems in the United States and abroad, and sentencing standards and codes such as the American Bar Association’s Standards for Criminal Justice and the American Law Institute’s original and revised Model Penal Code.

Keywords: ABA standards; appellate review; intermediate sanctions; Model Penal Code; parole; resource-impact assessments; revocation of parole; revocation of probation; sentencing commission; sentencing guidelines

Chapter.  21456 words.  Illustrated.

Subjects: Criminal Law

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