NCJ Number
115228
Date Published
1988
Length
108 pages
Annotation
This chapter examines the background, provisions, and implications of the Sentencing Reform Act of 1984 (SRA), with particular emphasis on the interaction between the old and new laws and the new responsibilities and opportunities for presentencing preparations.
Abstract
The SRA reintroduces a determinate approach to sentencing by establishing highly structured sentencing guidelines and by maintaining a restricted measure of flexibility and discretion through combinations of sentencing options and minimal latitude for sentencing alternatives. The SRA includes a grading scheme to rank each offense according to its relative seriousness. By abolishing parole, it ensures that the sentence given will actually be served in almost all cases. Sentencing options provided for include probation, incarceration, supervised release, fines, restitution, community confinement and home detention, and community service. The Act emphasizes adherence to due process, and seeks to reduce sentencing disparity and to ease prison overcrowding. It also places a burden of accountability on the court, the prosecution, and the defense by requiring that all sentencing recommendations, reasons, and decisions be documented. Finally, the SRA provides for a procedure of appellate review of any sentence that falls above or below the sentencing guidelines. Text from the SRA and corresponding policy statements from the 'Sentencing Guideline Manual' with commentary further elucidate specific provisions on sentencing, post-sentence administration, and sentence review. 132 footnotes.