NCJ Number
152644
Journal
San Diego Justice Journal Volume: 2 Issue: 2 Dated: (Summer 1994) Pages: 395-427
Date Published
1994
Length
33 pages
Annotation
This article explores the sentencing of women offenders under the mandatory sentencing ranges established in the Federal Sentencing Guidelines (FSG).
Abstract
The Sentencing Commission adopted a gender-neutral framework in order to ensure uniform sentences and to reduce disparities in judges' decisions. Specifically, the FSG do not allow judges to individualize sentences on the basis of the seriousness of the crimes or the history and characteristics of offenders. The article analyzes the impact of the FSG on female offenders, discusses problems which arise from the FSG as they are applied to women, and analyzes the case law addressing these issues. The authors propose several modifications to allow judges to diverge from the FSG under circumstances of certain parental responsibilities, pregnancy, and domestic violence. Under these modifications, female offenders falling into these categories would have a valid basis to argue a downward departure and judges could grant such a departure without fear of reversal. 162 notes