NCJ Number
138717
Journal
University of Kansas Law Review Volume: 39 Dated: (1991) Pages: 65-89
Date Published
1991
Length
25 pages
Annotation
This article examines the draft of the preliminary recommendations of the Kansas Sentencing Commission regarding sentencing guidelines.
Abstract
This spring the Kansas Legislature will consider the Kansas Sentencing Commission's proposed sentencing guidelines. If enacted, the guidelines will fundamentally alter the State's sentencing philosophy, sentencing lengths, and sentencing procedures. The first section of this article describes the current sentencing system and the reasons why the Sentencing Commission was created. Next, the article examines the guidelines themselves. Following this examination, the article analyzes whether or not the guidelines will respond adequately to the current prison overcrowding crisis; whether they will help achieve just, consistent, and humane punishment; and whether the procedures implemented by the Commission will be workable. The article concludes that although a sentencing guidelines bill should be enacted, the legislature should consider changes that will make the guidelines more effective in the reduction of prison overcrowding and provide a greater degree of flexibility in making guideline judgments. Specific suggestions are included for each section of the article. 131 footnotes