NCJ Number
143698
Journal
American Criminal Law Review Volume: 30 Issue: 3 Dated: (Spring 1993) Pages: 1079-1116
Date Published
1993
Length
38 pages
Annotation
This review of the sentencing of white-collar offenders under the Federal sentencing guidelines addresses general sentencing under the Federal guidelines, features of the guidelines, constitutional challenges to the guidelines, sentencing of organizations, and recent reaction to the guidelines.
Abstract
The discussion of sentencing under the Federal Sentencing Guidelines focuses on presentencing, offense level, adjustments, criminal history, the sentencing table, and departures from the guidelines. An explanation of the features of the guidelines addresses the elimination of parole; reduction of sentence; probation; plea bargaining; restitution, fines, assessments, and forfeitures; and appeals. The section on the use of guidelines for white- collar offenders addresses incarceration, fines, and the costs of the guidelines' approach to white-collar crime. Constitutional challenges to the guidelines pertain to due process, double jeopardy clause, the fourth amendment, the sixth amendment, and the ex post facto clause. An explanation of the sentencing of organizations considers the remedying of harm from criminal conduct, criminal-purpose organizations, fines, and probation. A discussion of recent reaction to the guidelines focuses on various criticisms of the guidelines, including the lack of any guiding theory of sentencing, the impact of the guidelines on prison populations, the effects that the guidelines have had on the process of plea bargaining, the harshness of the guidelines, and the guidelines' inadequate measures for reducing sentencing disparity. 254 footnotes