NCJ Number
123703
Journal
Criminal Law Bulletin Volume: 26 Issue: 1 Dated: (January-February 1990) Pages: 5-37
Date Published
1990
Length
33 pages
Annotation
This dialog is intended to present a picture of the overall workings of the Federal Sentencing Guidelines and to provide important details concerning the Guidelines.
Abstract
Although the guidelines went into effect on November 1, 1987, they apply only to crimes committed after that date. Most criminal offenders convicted in the Federal courts after November 1 were not sentenced until the spring and summer of 1988. This means that the Guidelines are in their infancy. The Guidelines are the culmination of a debate in the U.S. Congress and the Justice Department. It is the responsibility of the U.S. Sentencing Commission to ensure that the Guidelines function in practice. The two major purposes of the statute are honesty in sentencing and a reduction in the enormous sentencing disparity that appears to exist in different parts of the country. The article lists the six steps necessary to apply the Guidelines, discusses when departure from the Guidelines is necessary, how multiple counts and probation should be handled, and how the Guidelines impact on plea bargaining. 11 notes. (Publisher abstract modified)