NCJ Number
88825
Journal
Hamline Law Review Volume: 5 Issue: 2 Dated: (June 1982) Pages: 217-235
Date Published
1982
Length
19 pages
Annotation
Sentencing reforms in the proposed Federal criminal code are designed to achieve a rationality, uniformity, and fairness that have not previously existed in Federal sentencing.
Abstract
The proposed legislation abolishes the indeterminate sentence and parole release and creates a presumptive sentencing system with administrative sentencing guidelines promulgated by a Federal sentencing commission. Also, for the first time, appellate review of sentences is provided at the Federal level. Prison 'good time' is sharply reduced and more rationally calculated. Statutory maximum sentences are standardized and interrelated, so that a rational relationship of sanctions among various statutory crimes is created for the first time. The bill defines the various purposes of punishment and delineates in lock-step fashion the sentencing procedures to be undertaken by courts in imposing criminal sanctions. The rules governing sentencing are articulated based upon multiple counts, and the legislation lists the factors to be considered by the sentencing court in imposing the most appropriate sentence in a particular case. Perhaps most importantly, the bill establishes a U.S. Commission on Sentencing and provides a detailed mandate for the Commission to follow in promulgating presumptive sentencing guidelines. In this respect, the bill makes the biggest break with the past. Both the advocates of alternatives to incarceration and those calling for increased use of imprisonment have criticized the failure of the proposed code to establish a general presumption for or against imprisonment. The bill rejects the notion of any general presumption, as it delegates to the Commission the major responsibility of deciding whether or not imprisonment is an appropriate sanction in particular cases. Eighty footnotes are listed.