NCJ Number
110188
Journal
Texas Law Review Volume: 66 Issue: 1 Dated: (November 1987) Pages: 1-61
Date Published
1987
Length
61 pages
Annotation
The only member of the U.S. Sentencing Commission to dissent from the Federal sentencing guidelines that took effect November 1, 1987, explains the necessary components of a modern, principled, and workable sentencing system for the Federal criminal justice system.
Abstract
The rules developed by the Commission neither meet the expectations of the Sentencing Reform Act of 1984 nor provide a comprehensive and workable system. The ideal sentencing system has four main goals: satisfaction of the purposes of sentencing, uniformity in the treatment of similar cases, workability, and stimulation of continuing refinement of the system. However, advancing one goal often means sacrificing another. Thus, the drafting principles of a sentencing system should include both principles that construct a system that aims for the idea and principles that contribute to practical implementation of the ideal. A modern sentencing system should also consist of the following three parts: (1) an assessment of the seriousness of the criminal conduct or consequences, (2) an adjustment of the offense value to account for other relevant conditions and characteristics of the offense or offender needed to arrive at the amount of sanction appropriate for that conduct, and (3) a translation of the offender's total sanction units into a sentence that designates the specific amount and methods of sanctioning. Tables and 203 footnotes.