NCJ Number
91243
Journal
State Court Journal Volume: 7 Issue: 3 Dated: (Summer 1983) Pages: 9-16
Date Published
1983
Length
8 pages
Annotation
This description of the development of the Minnesota sentencing guidelines considers the legislative background, the prescriptive approach in guidelines development, the basis for sentencing, uniformity in sentencing, appellate review, and regard for correctional resources.
Abstract
The Minnesota Sentencing Guidelines Commission was established in 1978 by the legislature. The legislature determined that sentencing discretion would be exercised by the courts within the constraints of the sentencing guidelines, with parole eliminated. Matters to be resolved by the commission, subject to legislative review, included the relative weight to accord past sentencing practices and current correctional resources, the primary purpose of sentencing, and the extent to which uniformity in sentencing is desirable. The commission adopted a prescriptive approach to guidelines development, which involved a deliberate development of sentencing policy based on a thorough examination of policy issues and sentencing philosophies. Retribution was adopted as the basis for sentencing, with the severity of sanctions being directly related to the seriousness of conviction offenses and, to a lesser extent, the offender's criminal history. The commission also emphasized uniformity in sentencing, which achieved significant reductions in disparity in the first year of the guidelines. Appellate review of sentences has proven to be an essential enforcement mechanism for the sentencing guidelines system. The commission has also given consideration to the impact of the guidelines on correctional resources, as efforts are made to reduce prison overcrowding. A grid is provided to summarize the sentencing guidelines.