NCJ Number
150651
Journal
Wake Forest Law Review Volume: 28 Issue: 2 Dated: (Summer 1993) Pages: 291- 304
Date Published
1993
Length
14 pages
Annotation
This critique of ongoing efforts by the U.S. Sentencing Commission to promulgate presumptive sentencing guidelines and develop a "common law" of Federal criminal sentencing considers the role of congressional debate over sentencing reform during the past 20 years and the legislative intent of sentencing reform.
Abstract
Statutory ambiguity and inconsistency, coupled with the enactment of mandatory sentencing legislation, has placed the U.S. Sentencing Commission in the unenviable position of attempting to promulgate sentencing guidelines saddled by legislative compromise and excessive public scrutiny. The decision of the U.S. Sentencing Commission to establish an overly detailed, computerized sentencing model has also created unnecessary complexity and confusion in the application of sentencing guidelines. The author recommends that the U.S. Department of Justice initiate a comprehensive analysis of the Sentencing Reform Act and propose legislation designed to clarify conflicting provisions of the statute. In addition, the U.S. Sentencing Commission's current approach of micromanaging the Federal criminal sentencing process should be eliminated and mandatory sentencing statutes that are inconsistent with sentencing guidelines should be repealed. The U.S. Sentencing Commission should also develop policy directives aimed at addressing such issues as prison term length, prison capacity, and criminal sentencing goals. Consideration is given to sentencing disparity, certainty of punishment, time off for good behavior, and appellate sentence review. 46 footnotes