Sentencing Commission Commentary on Sentencing Procedures (From Sentencing Defense Manual, App.4E-1 to App.4E-6, 1988, by Marcia G Shein -- Se NCJ-115227)

• NCJ Number: 115234
• Author(s): M G Shein
• Date Published: 1988
• Length: 6 pages
• Sale Source: Clark Boardman Company, Ltd
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America
• Note: Sentencing Commission Commentary on Sentencing Procedures (Excerpt from the Commission's 'Supplementary Report on the Initial Sentencing Guidelines and Policy Statements,' June 18, 1987)

Annotation

This supplement to Chapter 6 of the 'Sentencing Guidelines' discusses the reasons underlying the Sentencing Commission's guidelines and policy statements on sentencing procedure and plea agreements.

Abstract

Chapter 6 deals with procedure for establishing the facts upon which sentences will be based. Accurate fact-finding is essential to ensure that an appropriate sentence is imposed and that disparities are avoided. However, workability and administrative efficiency also are important to the proper application of the sentencing guidelines. Consequently, the Commission chose to focus on a relatively manageable number of frequently occurring factors and to avoid a highly detailed, all-encompassing weighting system that considers every conceivable nuance. The presentence report, together with requirements for advance statements of the position of the parties and stipulations as to relevant sentencing factors, provide mechanisms for ensuring accuracy and fairness and facilitating dispute resolution. Finally, the guidelines also provide for more formal mechanisms in resolving disputes and contested factual issues. Because some 85 percent of Federal criminal convictions result from guilty pleas, the Commission examined empirical data on the effect of guilty pleas. Analyses indicate that the average time served is 30 to 40 percent lower when conviction is on a guilty plea than when the conviction is obtained through trial.