NCJ Number
105799
Journal
Federal Probation Volume: 51 Issue: 1 Dated: (March 1987) Pages: 71-74
Date Published
1987
Length
4 pages
Annotation
This article examines the new guidelines drafted by the U.S. Sentencing Commission and considers some of its implications for prison and probation administration.
Abstract
These new guidelines will seriously affect the negotiations between counseling that precede sentencing, the facts that the court may consider in reaching a judgment, and the standards of proof required in establishing facts. The guidelines contain three major innovations. The first, modified real offense sentencing, requires that the sentence be based on the conduct involved in the offense, plus conduct done in the furtherance of the offense, and any injuries resulting from that conduct. The second, the use of generic offense descriptions, groups similar offenses into a single offense category, e.g., all theft offenses are grouped together as 'theft.' Finally, the guidelines introduce the concept of offense units -- a kind of narrative format embodying the thought processes judges employ in making sentencing decisions. All offensive behaviors are assigned units according to their seriousness on a scale of 1 to 360. These guidelines should provide a step in the direction of fairness in sentencing and adequate protection of the community.