The Model Sentencing Act

Abstract

The sentencing structure of the Model Sentencing Act, cover ing all felonies, focuses on the needs and circumstances of the offender and the protection of the public from the dangerous offender, rather than on the nature of the crime. It stresses indi vidualized treatment, on probation where possible. Long prison terms are eliminated except for persons whose personality de fects or participation in organized crime makes them highly dangerous. The Act provides for no minimum sentence, leaving the time of release to the correctional authorities, subject only to a maximum release date fixed by the court. Presentence investi gations are required before any sentence for felony. There are no specific penalties for specific crimes except first degree murder (and, optionally, six other "atrocious" crimes). Provision is made for merger of sentences on multiple charges and for separate treatment of offenders under twenty-one. Adoption of the Act by a state legislature would tend to raise the level of the entire correctional system.