Structuring Sentencing Discretion: The New Federal Sentencing Guidelines

• NCJ Number: 123621
• Journal: Journal of Criminal Law and Criminology Volume: 80 Issue: 4 Dated: (Winter 1990) Pages: 883-943
• Author(s): I H Nagel
• Date Published: 1990
• Length: 61 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

The Federal sentencing guidelines developed by the United States Sentencing Commission are discussed in terms of their purpose, development, and likely future developments.

Abstract

The guidelines were developed as a result of the Sentencing Reform Act of 1984, which aimed to address the problems of sentencing disparity, dishonesty, and, for some offenses, excessive leniency, all of which appeared to be worsened by a system of almost unlimited judicial discretion. The Commission presented the proposed guidelines to Congress in 1987. The guidelines have been criticized for failing to follow the systems already established in several States and for failing to present an ideal set of standards. However, these criticisms overlook the context in which the guidelines must operate and the political reality underlying the establishment of the Commission. The United States Supreme Court decision in Mistretta v. United States upheld the constitutionality of the guidelines, which are viewed by the Commission as initial standards that will be modified over time. 306 footnotes.