NCJ Number
146185
Date Published
1991
Length
53 pages
Annotation
The Criminal History Working Group evaluated sentencing guidelines for Category I, Category VI, and career offenders, based on a data base of approximately 30,000 cases sentenced in fiscal year 1990.
Abstract
Offenders in Category I, for whom court information was available, were grouped into three subcategories: (1) true first offenders with 0 points and no known criminal history of any kind; (2) offenders with 0 points but some known criminal history; and (3) offenders with 1 criminal history point. Category I cases constituted 61 percent of the total number of sentencing guideline cases in 1990. First offenders seemed to be more involved in embezzlement and less in robbery, drug distribution, and firearms violations. Category VI cases constituted approximately 7.9 percent of all sentencing guideline cases in 1990. The scope of the sentencing guideline for career offenders was considered by identifying and excluding certain types of less serious offenses from violent crime and controlled substance offense categories. Particular attention was paid to the creation of sentencing ranges for career offenders with different types of qualifying prior offenses. A sample of career offender cases was selected and analyzed to study offense characteristics and defendant criminal histories. Specifically, qualifying prior convictions were analyzed in terms of offense components, type, and severity. Of 327 career offender cases, the most common instant offense type involved controlled substance violations, followed by robberies. A weapon, force, or threat of force was used in over 40 percent of the crimes committed by career offenders. Offense behavior, case processing, and offender characteristics are detailed for all offender types. Relevant case law is cited, and sentencing options are discussed.