NCJ Number
163810
Journal
Criminal Justice Ethics Volume: 13 Issue: 1 Dated: (Winter/Spring 1994) Pages: 58-66
Date Published
1994
Length
9 pages
Annotation
The future of sentencing reform appears to rest in the hands of permanent sentencing commissions which have considerable power to amend sentencing guidelines.
Abstract
Although several amendment mechanisms are available to sentencing commissions, the commissions generally do not have fully independent power to change sentencing laws and practices. The experience of sentencing commissions to date indicates that the quality of the amendment process matters more than the existence or nonexistence of an independent amendment power and that the authority of sentencing commissions to amend sentencing guidelines varies. Sentencing commissions with the least influence over the amendment process are those which cannot amend sentencing guidelines unless they convince the legislature to pass new sentencing legislation. A few sentencing commissions, however, have the power to amend sentencing guidelines without obtaining legislative approval. The power to amend sentencing guidelines is directly related to the success of sentencing commissions. Effects of independent amendment power are explored, and the process value of amendments is discussed. 66 notes