NCJ Number
167964
Journal
Journal of Criminal Law & Criminology Volume: 86 Issue: 2 Dated: (Winter 1996) Pages: 530-558
Date Published
1996
Length
29 pages
Annotation
This Comment suggests that current interpretations of "non-violent offense" are inconsistent with the underlying purposes of the Sentencing Guidelines and offers a new approach.
Abstract
The Comment briefly discusses the history of sentencing and sets forth the issues facing Congress when promulgating the Sentencing Guidelines. It discusses the approach taken by the majority of the federal circuits, analyzes the rationale of the approach and offers criticisms of the rationale. It also summarizes the minority approach and offers criticisms. Finally, the Comment proposes a revision of 5K2.13 in light of the current provision's failure to provide the just sentencing scheme envisioned by Congress when establishing the Guidelines and its policy statements. This new approach to non-violent offenses attempts to offer a lenient, structured approach to the sentencing courts. In addition, it is imperative that the definition of "non-violent offense" in 5K2.13 guide the court's discretion so that offenders receive sentences commensurate with their blameworthiness. Notes