NCJ Number
61829
Journal
Hofstra Law Review Volume: 7 Issue: 2 Dated: (WINTER 1979) Pages: 315-353
Date Published
1979
Length
39 pages
Annotation
A MODEL FOR THE STRUCTURE AND OPERATIONS OF A SENTENCING COMMISSION IS DESCRIBED AND COMPARED WITH THE SENTENCING COMMISSION DELINEATED IN SENATE BILL S. 1437.
Abstract
AN ELITE, NOT NECESSARILY REPRESENTATIVE, FEDERAL SENTENCING COMMISSION APPOINTED BY THE PRESIDENT WITH THE ADVICE AND CONSENT OF THE SENATE IS PROPOSED. A SIZEABLE MINORITY OF THE COMMISSION SHOULD BE JUDGES. THE COMMISSION WOULD BE CHARGED TO PROMULGATE FIXED-POINT-RANGE PRESUMPTIVE GUIDELINES WITH MODESTLY WIDE RANGES. A MORALLY COHERENT SUBSTANTIVE LAW AND A RATIONAL SYSTEM OF OFFENSE CLASSIFICATION WOULD PROVIDE A STRUCTURE WITHIN WHICH JUSTICE, PRINCIPLE, AND SYSTEM CAN BE DISCUSSED. ESTABLISHED AND MONITORED PROSECUTORIAL GUIDELINES WOULD TEND TO ASSURE AN APPROXIMATE, KNOWN CORRELATION BETWEEN UNDERLYING CONDUCT AND OFFENSES. APPELLATE SENTENCE REVIEW AND PAROLE RELEASE PROCEDURES FOR SENTENCES IN EXCESS OF THOSE AUTHORIZED BY GUIDELINES WOULD ENCOURAGE JUDICIAL CONSISTENCY OR OPERATE AS A SAFEGUARD IF THE SYSTEM DOES NOT WORK. SENATE BILL S. 1437 CONTAINS MANY OF THE FEATURES OF A SENTENCING COMMISSION PROPOSED IN THE MODEL. HOWEVER, IT HAS THESE DEBILITATING DIFFERENCES: (1) PROSECUTORIAL DISCRETION IS NOT ADDRESSED; (2) THE AUTHORIZED MAXIMUM SENTENCES ARE TOO LONG; (3) THERE ARE POTENTIAL PROBLEMS WITH PROVISIONS FOR COMMISSION MEMBERSHIP SELECTION; (4) APPELLATE SENTENCE REVIEW PROVISIONS WOULD REACH ONLY A FEW DEFENDANTS; AND (5) PAROLE RELEASE IS NOT RETAINED TO ACT AS A GUARD AGAINST OVERLY HARSH SENTENCES. THE SENTENCING COMMISSION MODEL PROPOSED WILL PERMIT RAPID AND EFFECTIVE CHANGE IN RELATION TO THE EVOLVING COMPLEXITY OF THE FEDERAL CRIMINAL JUSTICE SYSTEM. MOST IMPORTANT, IT OFFERS HOPE FOR ACHIEVING A RATIONAL AND PREDICTABLE SENTENCING SYSTEM WHICH IMPOSES PUNISHMENT THROUGH A PROCESS THAT TREATS OFFENDERS AS EQUALS. FOOTNOTES ARE PROVIDED. (RCB)