NCJ Number
140271
Date Published
1992
Length
261 pages
Annotation
Reprints of eight articles from various law journals describe the development, nature, goals, implementation, and future evolution of the Federal sentencing guidelines.
Abstract
The first article examines the concept of "relevant conduct" as the cornerstone of the Federal Sentencing Guidelines. "Relevant conduct" refers to the "acts and omissions" of the defendant and those of accomplices for which the defendant is held accountable. The second article discusses the key compromises upon which the Federal Sentencing Guidelines rest. The author notes that the compromises mostly arose out of the practical needs of administration, institutional considerations, and the competing goals of a criminal justice system. In the third article a discussion of policy decisions in the promulgation of Federal Sentencing Guidelines focuses on plea negotiations, acceptance of responsibility, the role of the offenders, and departures from the guidelines. An article on plea agreements under the Federal Sentencing Guidelines notes two areas -- acceptance of responsibility and the provision of substantial assistance to the authorities -- where counsel may urge a reduced sentence for a defendant. Remaining articles discuss the structuring of sentencing discretion under the sentencing guidelines, equality versus discretion in sentencing under the guidelines, fairness issues sunder the guidelines, and the development of the Federal sentencing guideline for drug trafficking offenses. Article footnotes