22.45 - 2. Sentencing Goals

• Jurisdiction: New York

2. Sentencing Goals

“[S]entencing traditionally concerns how, not whether, a defendant committed the crime.”³²⁰³ Previously litigated (and now no longer in issue) is whether the defendant committed the crime. The four principal objectives of sentencing are deterrence (both individual and general), rehabilitation, retribution and isolation. These theories often conflict. Disparities in sentences derive primarily from different philosophies and a lack of consensus in sentencing goals. While the sentencer’s decision should be afforded great respect on appeal, an appellate court nonetheless may substitute its judgment or discretion for the trial court’s. A sentencing court may view deterrence as overriding rehabilitation. “[I]t is hardly debatable that prisons do deter even if the degree of deterrence and the types of persons deterred remain in dispute. . . . Even when imposing an ‘individualized’ sentence, the Judge may look beyond the offender to the presumed effect of the sentence on others.”³²⁰⁴

Punishment is inflicted; because it is right that the state, in the interests of society, of which it is the organized expression, should prescribe it as a measure for the prevention of crime. In so doing, it is right that the degree of punishment should be measured by the criminality of the individual and that such an example shall be made as will tend to establish a deterrent influence over the members of society. ³²⁰⁵

Section 380.30(1) of the CPL requires that the sentence of a defendant must be pronounced without unreasonable delay. If the delay is caused by legal proceedings or conduct by the defendant that frustrates the imposition of sentence it is excusable. Otherwise the court loses jurisdiction over the defendant for sentencing purposes. ³²⁰⁶

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Notes:

^[3203] . Oregon v. Guzek, 546 U.S. 517 (2006) (emphasis added).

^[3204] . People v. Suitte, 90 A.D.2d 80, 87, 455 N.Y.S.2d 675 (2d Dep’t 1982).

^[3205] . People v. Sickles, 156 N.Y. 541, 548, 51 N.E. 288 (1898).

^[3206] . People...