NCJ Number
146858
Journal
Vanderbilt Law Review Volume: 46 Issue: 5 Dated: (October 1993) Pages: 1333-1354
Date Published
1993
Length
22 pages
Annotation
The relationship of an offender's history of abuse and sentencing guidelines is explored.
Abstract
After presenting a brief history of the Federal Sentencing Guidelines (Guidelines) and the Sentencing Reform Act, this Recent Development focuses on the different types of departures from the Guidelines, appellate review of departures, and judicial restraints on sentencing courts. Further, it analyzes United States v. Roe, 976 F.2d 1216 (9th Cir. 1992), the first case to recommend a departure based solely on a finding of extraordinary abuse. Other abuse cases are analyzed in light of the United States Sentencing Commission's 1992 amendment to the Guidelines in which "lack of guidance as a youth" and other circumstances related to a "disadvantaged upbringing" were not to be considered relevant for departing from the Guidelines. The author concludes by recommending the adoption of the approach of the Ninth Circuit in Roe, which preserves a court's ability to depart from the Guidelines in extreme cases of abuse if the court finds the abuse caused a reduction of mental or emotional capacity.