NCJ Number
109463
Journal
Villanova Law Review Volume: 31 Issue: 5 Dated: (September 1986) Pages: 1291-1297
Date Published
1986
Length
7 pages
Annotation
The sentencing approach developed under the Federal Sentencing Reform Act of 1984 is too depersonalized, too complicated, too punitive, and too burdensome in its application.
Abstract
The 1984 Sentencing Reform Act, which is not yet fully effective, provides for a sentencing commission which is to promulgate guidelines for the courts to use in sentencing, together with policy statements regarding the application of the guidelines and related matters. The guidelines are intended to cover the various categories of offenses as they involve various categories of offenders. Trial judges are instructed to impose sentences of the kind and within the range established by the sentencing commission for each applicable category, unless aggravating or mitigating circumstances call for a departure from the pertinent guideline. The proposed new procedure will impose an additional burden on the courts and substantially increase the number of appeals, and many of the appeals will have to be decided by citable, interpretative opinions. Should the act's goal of uniformity and certainty be reached, there may be a substantial decrease in the number of cases disposed of by pleas, increasing the number of trials and thus the number of appeals. It is doubtful that the act's aim of consistent, nondisparate punishment will ever be completely realized. Most judges are inclined toward mercy, and departures from the guidelines by such judges will not be overturned unless they are unreasonable. 35 footnotes.