NCJ Number
140274
Date Published
1992
Length
24 pages
Annotation
This paper provides an overview of several important policy decisions involved in the promulgation of the Federal Sentencing Commission's guidelines in the areas of plea negotiations, acceptance of responsibility, the offender's role, and guidelines departures.
Abstract
The paper first delineates Congress' intent in the establishment of the Sentencing Commission and the development of Federal sentencing guidelines. This is followed by an outline of the steps a court must follow in the implementation of the sentencing guidelines. Another section of the paper examines plea negotiations under the guidelines. The discussion notes that the commission concluded that it would not suggest radical changes in the plea bargaining process in its initial guidelines. The paper then considers a defendant's acceptance of responsibility under the guidelines. In this area, although the commission rejected the concept of an automatic discount for guilty pleas, it concluded that a defendant's acceptance of responsibility for criminal conduct has provided a potential basis for mitigation under existing practices and that it should continue to be encouraged. In discussing a defendant's role in the offense under the guidelines, the paper notes that the commission addressed the significance of whether or not the offender initiated the criminal activity or followed the direction of others, and whether or not he was a major or minor participant in the crime. It further indicates that such considerations reasonably might be viewed as important in determining the nature, length, and conditions of the sentence. In the concluding section, a discussion of guideline departures notes that the commission focused its efforts on drafting guidelines for the typical case and adopted a policy of limited departures to address cases that present unusual circumstances. 94 footnotes