Sentencing Provisions and Considerations in the Federal System

• NCJ Number: 88227
• Journal: Loyola University Law Journal Volume: 13 Issue: 4 Dated: (Summer 1982) Pages: 621-639
• Author(s): S J Roszkowski
• Date Published: 1982
• Length: 19 pages
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This article discusses the factors used in determining the appropriate sentence in the Federal court system and the influence of these factors on the court's thought processes and decisions.

Abstract

A sentencing judge's first step should be to understand the available sentencing options and the consequences of the sentence on the defendant. The judge should consider the following options: imprisonment, probation, special sentences for young offenders, and special sentences for narcotic addicts. A presentence report prepared by a well-trained pretrial services department is the most useful tool available for helping the court determine the proper sentence. The presentence report discusses the details of the offense; the prosecutor's statement of the offense; the defendant's version of the events; the defendant's prior juvenile and adult records; the defendant's family relationships, mental status, education, health, and employment history; and an estimate of the time the defendant will actually serve under a given sentence. In some cases, an evidentiary hearing may also be desirable prior to the actual sentencing. These hearings typically concentrate on the defendant's character, reputation, physical and psychological health, and family background. Defense counsel play an important part in the sentencing hearing and should recognize the need to make reasonable and realistic sentencing proposals. A motion for reduction of the sentence can be counterproductive if used too often. Rule 11, which prohibits judicial involvement in plea agreements, is a good one. The Sentencing Council of the Northern District of Illinois is a voluntary group of judges who are also helpful in the sentencing process. Judges should be knowledgeable of all facets of the Federal corrections system in order to make informed sentencing decisions. However, the elements which judges and the attorneys involved in sentencing must consider are constantly changing. Sixty footnotes are provided.