NCJ Number
138593
Journal
U.C. Davis Law Review Volume: 25 Issue: 3 Dated: (Spring 1992) Pages: 587-615
Date Published
1992
Length
29 pages
Annotation
This article critiques the 258-box sentencing grid used under the Federal sentencing guidelines and proposes a simplified grid.
Abstract
The guidelines grid has 43 rows, or "Offense Levels," and 6 columns, or "Criminal History Categories." Together they produce 258 "boxes:" one for each combination of offense level and criminal history category. Each box contains a sentencing range. The grid yields the presumptive prison sentence that results from applying the guidelines to a particular case. The grid, however, fails to determine the absolute severity of many guidelines sentences or the relative severity (ranking) of common Federal crimes. Its complexity makes it difficult to assess the basic policy choices about offenses and offenders that steer each convicted defendant to one of its boxes. The mechanical image cast by the many boxes and numbers contributes to the distrust of the Sentencing Commission and noncompliance with the guidelines by judges, probation officers, and lawyers. Complex and intricate rules invite calculation errors. A simpler grid is preferable. The simplified grid proposed in this article collapses the 43-level Federal grid into 7 levels and then attaches common offenses to each of those levels. This proposal is not intended to produce a replacement grid, but rather to offer a clearer picture of key policy choices hidden in the current guidelines. The collapsed grid suggests the advantages of a simpler sentencing table and a simpler sentencing system. 88 footnotes