NCJ Number
109464
Journal
Villanova Law Review Volume: 31 Issue: 5 Dated: (September 1986) Pages: 1299-1308
Date Published
1986
Length
10 pages
Annotation
This article compares sentences of incarceration, probation, and fine under current Federal law and under the Federal 1984 Sentencing Act.
Abstract
The incarceration sentence imposed under the 1984 Sentencing Act reflects the amount of time an offender will stay in prison subject to any credit. This use of determinate sentencing is a departure from current sentencing law, which makes rehabilitation the basis of a parole release decision. Guidelines concerning multiple sentences of imprisonment have been added to enable the court to decide whether to impose concurrent or consecutive terms. Under the new act, probation is a type of sentence in itself and is not imposed as a substitute for or as a result of a suspension of an imposed or executed jail sentence as it is in present law. Under the new act, the court must impose at least one condition of probation if the offense is a misdemeanor or infraction and two conditions if the offense is a felony. Under current law, probation conditions are discretionary. The new act sets the maximum fine that may be imposed for various offenses, indicating the act's belief that fines can be an effective means of achieving criminal justice goals. By raising the amounts, the court can use fine imposition more effectively than in the past. 57 footnotes.