NCJ Number
61820
Journal
Hofstra Law Review Volume: 7 Issue: 1 Dated: (FALL 1978) Pages: 11-28
Date Published
1978
Length
18 pages
Annotation
FEDERAL LEGISLATION DEALING WITH SENTENCING GUIDELINES IS REVIEWED AND CRITIQUED.
Abstract
SENATE LEGISLATION S. 1437 ESTABLISHES OUTER LIMITS OF PUNISHMENT BY IMPOSING MAXIMUM TERMS OF IMPRISONMENT, PROBATION AND FINES. IN ADDITION, THE BILL PROVIDES POLICY GUIDANCE FOR MORE REFINED STRUCTURING OF SENTENCES BY STATING THE PURPOSES OF SENTENCING, CREATING A FEDERAL SENTENCING COMMISSION TO ESTABLISH SENTENCING POLICIES AND PRACTICES, AND STIPULATING WHAT THE COMMISSION MUST CONSIDER IN DEVELOPING THE SENTENCING GUIDELINES. THE BILL REQUIRES FEDERAL DISTRICT COURT JUDGES TO IMPOSE SENTENCES UPON OFFENDERS UNDER CONSTRAINT BY THE GUIDELINES, BUT WITH POWER TO DEVIATE THEREFROM IN THE INTEREST OF INDIVIDUAL JUSTICE. COURTS OF APPEAL ARE REQUIRED TO REVIEW SENTENCES ABOVE OR BELOW THE GUIDELINES OF THE COMMISSION. THE PRESIDENT, AFTER CONSULTATION WITH THE JUDICIAL CONFERENCE, SHALL APPOINT THE CHAIRPERSON AND THREE MEMBERS, SUBJECT TO CONFIRMATION OF APPOINTEES BY THE FULL SENATE. THERE IS NO MANDATE FOR SKILLS, PROFESSIONAL ATTAINMENTS, OR OTHER PREREQUISITES FOR THE FIRST FOUR COMMISSION MEMBERS. THE REMAINING THREE MEMBERS OF THE SEVEN-PERSON COMMISSION MUST BE FEDERAL JUDGES CHOSEN BY THE PRESIDENT FROM A LIST OF SEVEN JUDGES RECOMMENDED BY THE JUDICIAL CONFERENCE. DESPITE THE PASSAGE OF THIS COMPREHENSIVE SENTENCING REFORM TITLE BY THE SENATE, THE PROSPECTS FOR COMPLETE AND FINAL CONGRESSIONAL ACTION IN THE NEAR FUTURE ARE DOUBTFUL. THE CRIMINAL JUSTICE SUBCOMMITTEE OF THE HOUSE JUDICIARY COMMITTEE HAS RECOMMENDED A WEAK SENTENCING BILL PROVIDING THAT SENTENCING GUIDELINES BE ONLY ADVISORY. WHILE S. 1437 RAISES QUESTIONS WHICH MUST BE RESOLVED, ITS BASIC THRUST OF SENTENCING REFORM IS SOUND AS IT AIMS FOR A REDUCTION IN SENTENCING DISPARITY WHILE PRESERVING A NEEDED MEASURE OF JUDICIAL SENTENCING DISCRETION. FOOTNOTES ARE PROVIDED. (RCB)