SENTENCING OPTIONS OF FEDERAL DISTRICT JUDGES

• NCJ Number: 68987
• Author(s): A PARTRIDGE; A J CHASET; W B ELDRIDGE
• Date Published: 1980
• Length: 40 pages
• Sponsoring Agency: Federal Judicial Ctr
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: EDUCATION AND TRAINING SERIES. REPRINTED FROM 84 FEDERAL RULES DECISIONS, 1980 BY WEST PUBLISHING COMPANY, ST PAUL, MINNESOTA

Annotation

PREPARED AS A GUIDE TO NEWLY APPOINTED FEDERAL JUDGES, THIS PAPER DESCRIBES SENTENCING OPTIONS IN TERMS OF THE CONSEQUENCES WHICH ARISE FROM THE STATED TERM OF THE SENTENCE.

Abstract

THE CHOICE OF A SPECIFIC SENTENCE HAS AN EFFECT ON THE OFFENDER'S TREATMENT AT THE HANDS OF THE BUREAU OF PRISONS AND THE PAROLE COMMISSION. THE JUDGE'S SENTENCE DETERMINES THE OFFENDER'S PAROLE ELIGIBILITY DATE AND THE MAXIMUM DURATION OF INCARCERATION. THE PAROLE COMMISSION DETERMINES THE ACTUAL RELEASE DATE, BASED ON THE SEVERITY OF THE OFFENSE COMMITTED AND THE OFFENDER'S PRIOR CRIMINAL RECORD, DRUG HISTORY, AND EMPLOYMENT RECORD. THUS, FEDERAL RULES DECISIONS ON ALL ASPECTS OF SENTENCING ARE PRESENTED, AND THE CONSEQUENCES OF IMPOSING EACH TYPE OF SENTENCES ARE EXPLORED. BASIC SENTENCING OPTIONS FOR ADULT OFFENDERS ARE IMPRISONMENT, RESIDENCE IN HALFWAY HOUSES, FINES, OR PROBATION. CONDITIONS FOR EACH SENTENCE ARE SET FORTH. THE FUNCTION OF 'GOOD TIME' AS A WAY OF REDUCING THE STATED TERM OF SENTENCE IS EXPLAINED. RELEASE DECISIONS ARE MADE BY THE PAROLE COMMISSION. THE PROCEDURES FOLLOWED ARE REVIEWED, AND THE CRITERIA FOR RELEASE DECISIONS ARE LISTED. OTHER TOPICS INCLUDE THE DURATION OF PAROLE SUPERVISION, ASSIGNMENT TO AN INSTITUTION, SPECIAL SENTENCES FOR YOUNG OFFENDERS, SPECIAL SENTENCES FOR NARCOTIC ADDICTS, THE USE OF OBSERVATION AND STUDY AS AN AID TO THE SENTENCING JUDGE, AND JUDICIAL COMMUNICATION WITH THE PAROLE COMMISSION AND THE BUREAU OF PRISONS. THE APPENDIXES PRESENT A PAROLE COMMISSION STATEMENT ON THE USE OF 'OFFENSE BEHAVIOR' AND AN EXCERPT FROM A PAROLE COMMITTEE REPORT.