NCJ Number
123145
Journal
Federal Probation Volume: 54 Issue: 1 Dated: (March 1990) Pages: 15-21
Date Published
1990
Length
7 pages
Annotation
This analysis of the use of sentencing guidelines in cases in which a defendant has children concludes that judges can address the issue of a defendant's parental responsibilities in making sentencing decisions without producing a chaotic individualization of sentencing or ignoring sentencing guidelines.
Abstract
Although Federal sentencing guidelines specify that the existence of children is not ordinarily relevant in determining a sentence, the experience of sentencing judges, research on the effects of incarceration on prisoners' children, and an analysis of the purposes of the criminal justice system all provide rationales for considering the children. In fact, the Sentencing Reform Act provides much greater scope for imposing probation than do the guidelines. Thus, judges should closely examine the circumstances of each case in deciding whether to impose an incarcerative sentence. They should avoid depriving children of parental care, value the father's care as highly as the mother's care, and avoid jeopardizing the family's means of financial support. List and explanation of additional principles and footnotes.