NCJ Number
150654
Journal
Wake Forest Law Review Volume: 28 Issue: 2 Dated: (Summer 1993) Pages: 345- 379
Date Published
1993
Length
35 pages
Annotation
Minnesota's experience with sentencing guidelines indicates that a system of presumptive sentences drafted by an independent commission can narrow discretion, operate within prison capacity, and effect modest changes in the type of offender sent to prison.
Abstract
At the same time, Minnesota's experience also indicates that the ultimate scope of reform under a sentencing guidelines system is necessarily limited. Minnesota has yet to achieve many of the prescriptive changes in sentencing theory and policy sought by its sentencing commission. Nevertheless, the State's sentencing guidelines have achieved a unique and impressive balance between punishment goals and limitations. In following Minnesota's lead, sentencing reformers in other States should temper their idealism with realism and set their sights on attainable and affordable goals. Legislators should carefully draft statutes that enable sentencing guidelines and should recognize the importance of an independent sentencing commission. The 1978 statute creating the Minnesota Sentencing Guidelines Commission is examined, and legislative, judicial, and commission-initiated changes in sentencing since 1980 are reviewed. Attention is also paid to sentencing goals and outcomes, the prison capacity constraint, guidelines for nonprison sentences, guidelines for charging and plea bargaining, the choice between conviction versus real offense sentencing, the binding effect of guidelines and appellate review, and the legislative role in setting specific sentencing policies. 175 footnotes and 2 figures