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Sentencing Reform from the Prosecutorial Perspective

This article discusses the necessity of reform in sentencing structures from a prosecutorial viewpoint, exploring the expansion of "Truth in Sentencing" legislation to promote transparency and consistency in sentencing. It highlights current problems with sentencing frameworks and proposes methods for promoting more uniform sentencing practices. Legislative alternatives such as codification of diversionary programs and modifying offense classifications are also examined to improve the effectiveness of the criminal justice system.

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Sentencing Reform from the Prosecutorial Perspective

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  1. Sentencing Reform from the Prosecutorial Perspective

  2. Changes to CurrentSentencing Structure

  3. Explore Expansion of “Truth in Sentencing” Legislation • Currently applies to crimes for which the maximum punishment is at least 20 years • Could be expanded to include offenses whose maximum sentence is less than 20 years • Sentences should accurately reflect time to be served in a manner that the general public and victims can understand

  4. Problems with Current Sentencing Framework • Sentencing varies widely among judges • Current sentencing ranges for some offenses are too broad (ex Distribution of Crack 2nd offense 5-30 years) • Mandatory minimum sentences force judges to impose sentences that may be ill-suited to the defendant or the facts of the case

  5. Explore Methods to Promote Consistent Sentencing • Identify factors for judges to consider when imposing sentences • Use of pre-sentencing reports • Judicial education

  6. Legislative Alternatives

  7. Explore Codification of Additional Diversionary Programs • Statutorily authorized programs • PTI • Transfer Court • Drug Court • Mental Health Court • CDV Court • DUI Court • Juvenile Versions

  8. Explore Modifying Offense Classifications • Current classifications present obstacles to determining eligibility for diversionary programs • “Violent” offenses • Burglary 2nd • Arson 2nd • “Non Violent” offenses • Strong Arm Robbery • CDV

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