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Mandatory Felony Sentencing Guidelines: The Oregon Model

NCJ Number
138552
Journal
University of California, Davis Law Review Volume: 25 Issue: 3 Dated: (Spring 1992) Pages: 695-714
Author(s)
L C Kirkpatrick
Date Published
1992
Length
20 pages
Annotation
In 1989, Oregon adopted mandatory felony sentencing guidelines but, in doing so, rejected the Federal sentencing guidelines as a model and developed its own, more comprehensive approach.
Abstract
Borrowing some ideas from the Minnesota and Wisconsin guidelines, the Oregon model responds to some of the deficiencies seen in the Federal guidelines. The guidelines govern both probationary and prison sentences by specifying the duration of probation, the types and time periods of the various available community sanctions, and the length of postprison supervision. Oregon was also one of the first States to develop guidelines that linked the sentences to the current and future capacities of State and local correctional facilities. The sentencing grid contained in the guidelines considers a range of prior convictions for each criminal history category and makes several innovations related to crime seriousness and prior record. The author notes that the Oregon guidelines prevent manipulation through altered charging practices in cases where the offender is liable for multiple offenses arising out of the same crime. 56 notes and 1 appendix

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