NCJ Number
150653
Journal
Wake Forest Law Review Volume: 28 Issue: 2 Dated: (Summer 1993) Pages: 329- 343
Date Published
1993
Length
15 pages
Annotation
Sentencing commissions and sentencing guidelines have existed in various U.S. jurisdictions for more than a decade; they have been useful in some cases but a failure in others.
Abstract
Sentencing guidelines in Minnesota took effect in 1980. They were drafted based on a modified version of the principle of proportionality and were designed to use imprisonment primarily for crimes of actual or threatened violence and for crimes committed by offenders with long criminal records. For several years, Minnesota's sentencing guidelines seemed to be successful. In the late 1980's, however, violent and drug-related crimes increased significantly and called into question the efficacy of the State's sentencing guidelines. Minnesota, however, continued to limit the use of imprisonment in its sentencing approach and considered intermediate sanctions for certain offenders. Unlike Minnesota's sentencing guidelines, the Federal sentencing system sought to extend the use of imprisonment. The authors consider Minnesota's approach to be more effective than the Federal approach and believe sentencing commissions face difficult issues. They also contend that mandatory sentences complicate the work of sentencing commissions and that legislation must keep prison populations down in accordance with guidelines on prison capacities. Alternatives to sentencing commissions, including the use of statutory sentencing principles and sentencing reform, are noted. 64 footnotes