NCJ Number
127440
Journal
Criminal Law Bulletin Volume: 27 Issue: 1 Dated: (January-February 1991) Pages: 3-17
Date Published
1991
Length
15 pages
Annotation
The United States Sentencing Commission Guideline Manual consists of guidelines, commentary, and policy statement. The purpose of the guidelines system, however, varies and is not always well understood by the users of the system.
Abstract
This lack of understanding adds confusion to a sentencing guidelines system that already belabors its users with an overly complex and convoluted format. The interaction between certain statutorily required minimum sentences and the guidelines system can produce a distorted and sometimes unfair sentencing process, and prosecutorial charge discretion can contribute to this distortion. This article is intended to illuminate some of the factors causing confusion and distortion so that users of the guidelines system can better understand and cope with the sentencing process. It is also hoped that these observations will stimulate further discussion as to possible remedies. 20 footnotes (Author abstract)