EVALUATION OF THE PROBABLE IMPACT OF SELECTED PROPOSALS FOR IMPOSING MANDATORY MINIMUM SENTENCES IN THE FEDERAL COURTS

• NCJ Number: 45648
• Author(s): J EAGLIN; A PARTRIDGE
• Date Published: 1977
• Length: 91 pages
• Sale Source: Federal Judicial Ctr
• Language: English
• Country: United States of America

Annotation

THE EXTENT TO WHICH EXISTING FEDERAL COURT SENTENCING PRACTICES CONFLICT WITH THE REQUIREMENTS IMPOSED BY SIX CONGRESSIONAL PROPOSALS FOR MANDATORY MINIMUM SENTENCES IS EXAMINED.

Abstract

EACH OF THE PROPOSALS WOULD FORBID FEDERAL JUDGES TO SUSPEND SENTENCE OR GRANT PROBATION IN CIRCUMSTANCES IN WHICH A MANDATORY MINIMUM SENTENCE APPLIED, WOULD REQUIRE THAT A PRISON SENTENCE AT LEAST AS LONG AS THE MANDATED MINIMUM BE IMPOSED, AND WOULD BAR THE IMPOSITION OF A SENTENCE UNDER THE YOUTH CORRECTIONS ACT. FOUR OF THE PROPOSALS PROVIDE FOR MITIGATING FACTORS. THE OFFENSES ADDRESSED BY THE PROPOSALS INCLUDE AGGRAVATED ASSAULT, SECOND-DEGREE MURDER, RAPE, ROBBERY, BURGLARY AND LARCENY, KIDNAPPING, AND NARCOTICS VIOLATIONS. SENTENCES IMPOSED BY FEDERAL COURTS DURING 1976 WERE ANALYZED TO IDENTIFY CONFLICTS BETWEEN ACTUAL PRACTICE AND THE LEGISLATIVE PROPOSALS. IN MOST OFFENSE CATEGORIES, FEW SENTENCES CONFLICTED WITH THE PROPOSALS. HOWEVER, FOR TRANSACTIONS IN OPIATES, BANK ROBBERY, AND AGGRAVATED ASSAULT, A NUMBER OF SENTENCES WERE INCONSISTENT WITH THE PROPOSALS. SEVERAL OF THESE WERE SENTENCES OF INCARCERATION UNDER THE YOUTH CORRECTIONS ACT. IMPLICATIONS OF THE STUDY FINDINGS FOR MINIMUM SENTENCE LEGISLATION ARE DISCUSSED. IT IS NOTED THAT, PARTICULARLY IN THE NARCOTICS AREA, LIMITATIONS ON JUDICIAL DISCRETION UNACCOMPANIED BY PARALLEL LIMITATIONS ON PROSECUTORIAL DISCRETION WILL NOT ASSURE THAT THE PRESCRIBED TERMS WILL BE SERVED. SUPPORTING DATA AND DOCUMENTATION ARE INCLUDED. (LKM)