NCJ Number
107613
Date Published
1987
Length
226 pages
Annotation
Drawing on the experience of those States that currently use sentencing guidelines, including Washington, Pennsylvania, and Minnesota, this book examines the rationales for sentencing commissions and guidelines, the political constraints on sentencing commissions, and the likely impact of sentencing guidelines on plea bargaining and other stages of criminal processing.
Abstract
Two essays describe the mission of a sentencing commission: deciding a sentencing rationale, setting prison population targets, and developing a tariff. A survey of sentencing guidelines to date and their known effects is also reported. Five essays address the writing of sentencing guidelines. This includes an analysis of whether guidance can best be achieved through detailed, numerical standards or through broader narrative norms. A review of legislation establishing a sentencing commission focuses on how the commission's guideline-writing functions should be defined by law. Other guideline-writing issues discussed are how the commission should decide on guidelines rationale and structure, needed research, organization, and staffing. The concluding two essays examine guidelines' effects on sentencing practice, with attention to how plea bargaining and appellate reveiw affect guidelines implementation. An appended summary of the Minnesota, Washington, and Pennsylvania guidelines; chapter notes; 126-item bibliography; and subject index.