NCJ Number
147545
Journal
Cornell Law Review Volume: 79 Issue: 1 Dated: (November 1993) Pages: 143- 182
Date Published
1993
Length
40 pages
Annotation
The vulnerable victim enhancement section of the Federal Sentencing Guidelines is discussed.
Abstract
This Note explores section 3A1.1 of the Federal Sentencing Guidelines which codifies judicial discretion to impose harsher sentences on defendants who commit similar crimes, but whose choice of victim identifies them as deserving greater punishment. The analysis identifies problem areas encountered by various courts as they have attempted to apply the enhancement in a just and consistent fashion and identifies approaches and solutions to these problems that are consistent with the plain language of section 3A1.1. Further, it advocates a rejection of the requirement that the victim's particular vulnerability motivate the defendant to target the victim for criminal conduct. Courts that impose such a requirement undermine the sentencing goals of proportionality and uniformity. In addition, this Note calls for a rejection of victim categorization and findings of per se victims, as a matter of law vulnerability. Measured, consistent and just sentencing under the federal sentencing guidelines can be assured only by a fully particularized inquiry into the totality of circumstances surrounding the victim, the defendant, and the context of the criminal conduct. Footnotes