NCJ Number
102084
Journal
Annals of the American Academy of Political and Social Science Volume: 478 Dated: (March 1985) Pages: 113-122
Date Published
1985
Length
10 pages
Annotation
The use of uniform sentences and selective incapacitation under the 1984 Federal Sentencing Reform Act constructively addresses prison overcrowding.
Abstract
New prison construction is prohibitively expensive and is not the answer to prison overcrowding. The Federal Sentencing Reform Act of 1984, enacted as part of the Comprehensive Crime Control Act, is the most comprehensive criminal sentencing reform ever undertaken by Congress. It establishes an independent U.S. Sentencing Commission to set uniform sentencing policy and mandatory sentencing guidelines for Federal judges. The act abolishes parole, cautions the sentencing commission to develop guidelines that minimize prison overcrowding, and emphasizes the use of selective incarceration for violent recidivists. Critics of the act fear the guidelines will be too lenient to protect the public or so harsh that they will worsen prison overcrowding. To avoid these extremes, the act directs the commission to use sentences served under current law as the starting point for the development of new guidelines and to consider the capacity of correctional facilities. An additional check on the commission is the congressional ability to modify or reject the guidelines through legislation. 57 footnotes.