NCJ Number
103996
Editor(s)
M Wasik,
K Pease
Date Published
1987
Length
23 pages
Annotation
This paper describes the Minnesota sentencing guidelines system and details the scoring and decisionmaking procedures by which sentences are derived.
Abstract
The Minnesota sentencing guidelines establish rational and consistent sentencing standards which reduce sentencing disparity and ensure that felony sentences are proportional to the severity of the conviction offense and the character of the offender's criminal history. Under past judicial practice, criminal history was the primary factor in sentencing. Under the sentencing guidelines, criminal history is weighted as secondary to the severity of the conviction offense in determining the sentence. The sentencing grid lists the most frequently occurring offenses within each severity level on the vertical axis. A criminal history index constitutes the horizontal axis of the grid. The presumptive fixed sentence for a felony conviction is found in the grid cell at the intersection of the column defined by the criminal history score and the row defined by the offense severity level. When a case involves substantial and compelling circumstances, the sentencing judge may depart from the presumptive sentence and stay or impose any sentence authorized by law. Such departures must be accompanied by written reasons which specify the substantial and compelling nature of the circumstances and why the selected sentence is more appropriate than the presumptive sentence. The paper lists factors that may and may not be used as reasons for departures. The offense severity reference table is included.