NCJ Number
84582
Date Published
1981
Length
30 pages
Annotation
H.R. 6869 or S. 1437, which make provision for Federal sentencing guidelines while eliminating parole release, would not do as much to reduce sentencing disparity and increase fairness in sentencing as a system that combines sentencing guidelines with parole release.
Abstract
H.R. 6869 transposes to the judiciary the basic guideline concept as developed by the Parole Commission and effectively eliminates the participation of the Parole Commission in determining how long Federal inmates will be confined. It is doubtful that such an approach will significantly reduce sentencing disparity, because (1) the 550 district judges will differ in their interpretation and application of the sentencing guidelines, (2) the Sentencing Commission is given no means of ensuring compliance by the judges in their interpretations of its policies, (3) there will be problems with appellate review as a compliance mechanism for the guidelines, and (4) prosecutorial discretion will increasingly be used to determine charges associated with expected sentencing. Provision for parole release continues to be important because it (1) balances attitudes toward the offender and his/her crime, (2) reviews sentences based on a prediction of risk that is no longer valid, (3) balances the use of community release discretion exercised by corrections officials, (4) encourages the use of rehabilitation programs, (5) considers changes in societal attitudes toward particular offenses, and (6) helps maintain institutional discipline. Further, H.R. 6869 is likely to produce an increase in the prison population. Appended are tabular data on the estimated cost of incarceration by length of sentence.