NCJ Number
177076
Date Published
1998
Length
289 pages
Annotation
Based on the authors' experience as professionals in the Federal courts before and after the institution of Federal Sentencing Guidelines, this book critiques the sentencing guidelines and their impact and proposes reform of the structure of Federal sentencing.
Abstract
The authors first explore the history of Federal criminal sentencing, including previous reform movements, followed by a chapter that chronicles the legislative history of the Sentencing Reform Act of 1984, the appointment of the Sentencing Commission, and how the Sentencing Commission in turn constructed the Sentencing Guidelines. The authors also note related developments such as the evolution of statutory minimum sentencing and the creation of less complex sentencing guideline systems in a number of States. Chapter 3 explores the changes both in the sentencing process and in the jurisprudence of criminal sentencing. Chapter 4 documents the dubious ability of the Sentencing Guidelines to eliminate sentencing disparity. The concluding chapter proposes modifications that would address some of the most troubling consequences of the Sentencing Guidelines, particularly those that may threaten or cast a shadow over constitutional norms; any system of mandatory sentences alters the constitutional balance of powers among the judiciary, the executive, and the legislative branches. The final chapter also presents a vision of more comprehensive reform that would eliminate the Sentencing Guidelines as currently constructed and feature appellate review of sentences dispensed under wider judicial discretion. Under this system, sentencing guidelines would only provide guidance for judicial discretion in sentencing rather than mandates and elaborate judicial fact-finding. The Appendixes feature the table of the U.S. Sentencing Guidelines, the "relevant conduct" guideline, the complexity of criminal history, and how sentencing works. Chapter notes, a 400-item bibliography, and a subject index