Role of Congress in Sentencing: The United States Sentencing Commission, Mandatory Minimum Sentences, and the Search for a Certain and Effective Sentencing System

• NCJ Number: 150648
• Journal: Wake Forest Law Review Volume: 28 Issue: 2 Dated: (Summer 1993) Pages: 185- 198
• Author(s): O G Hatch
• Date Published: 1993
• Length: 14 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This article discusses the role of Congress in the Federal sentencing system, reviews the creation of the U.S. Sentencing Commission, examines the effectiveness of sentencing guidelines promulgated by the U.S. Sentencing Commission, and discusses mandatory minimum sentences and alternatives to them.

Abstract

Over the last decade, Congress has assumed a more active role in the Federal sentencing system and should continue to do so. Inherent in this role is the responsibility to analyze the effectiveness of sentencing guidelines, to broadly examine their deficiencies, and to suggest necessary improvements. While mandatory minimum sentences remain within the legislature's power and prerogative, Congress should continue to assess the merit of these measures in advancing objectives established by the Sentencing Reform Act of 1984. In pursuing a certain and effective sentencing system, Congress should study various sentencing approaches that maintain public confidence in the criminal justice system. Alternatives to mandatory minimum sentences include specific statutory directives, general directives, and increased statutory maximums. 84 footnotes