NCJ Number
140533
Journal
American Criminal Law Review Volume: 29 Issue: 3 Dated: (Spring 1992) Pages: 875-888
Date Published
1992
Length
14 pages
Annotation
Contrary to the arguments of its critics, the Federal sentencing guidelines system has reduced sentencing disparity in Federal courts compared to the pre-guidelines period.
Abstract
The Federal sentencing guidelines are not perfect, and there are cases where attorneys and judges improperly manipulate them to obtain a result they believe is "just." Still, they constitute a significant improvement over the old system. With a reasonable degree of certainty, defendants in Federal court with similar criminal histories who have committed similar crimes will receive similar sentences across jurisdictions throughout the Nation. The proper response to the defects in the current system is not to abolish the guidelines but rather to remedy the problems. Judges should scrutinize all plea bargains and changes of charges to ensure they meet the principles specified in the guidelines. The Department of Justice must continue its supervision of prosecutors to ensure that departmental policies are fully and fairly implemented. The Sentencing Commission must continue its study of actual cases and identify those areas that require changes. The guidelines do require more time for the preparation of the presentence report, the determination of the sentence, and the resolution of appeals, but the end result is a fairer and more effective sentence. 53 footnotes