Chapter

Conclusion

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/9780199757862.003.0006

Series: Studies in Penal Theory and Philosophy

Conclusion

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The conclusion reviews the similarities and differences of the proposed model compared with prior models, showing how the proposed model builds on but also departs from or expands theories proposed by Norval Morris and other writers, procedures found in the best state sentencing guidelines systems, and principles and procedures recommended by the revised Model Penal Code. The conclusion then offers some final thoughts in response to likely objections to the proposed model’s principles and procedures, showing why limiting retributivism is fair to equally culpable offenders and potential crime victims, and satisfies expressive and communicative sentencing goals; why the proposed model is better than the indeterminate sentencing system still in widespread use, and is not a dated “1970s idea”; and why most states should seriously consider the proposed model even if an incomplete version of it didn’t work in the U.S. federal system, and may not work well in some states.

Keywords: communicative sentencing; crime victims; expressive sentencing; limiting retributivism; Model Penal Code; Norval Morris; sentencing guidelines

Chapter.  2780 words. 

Subjects: Criminal Law

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