NCJ Number
146954
Journal
Corrections Compendium Volume: 17 Issue: 3 Dated: (March 1992) Pages: 10-14
Editor(s)
S P Davis
Date Published
1992
Length
5 pages
Annotation
Nineteen State and Federal criminal justice systems in the United States have sentencing guidelines to help the courts determine penalties for people convicted of crimes, according to a new survey by Corrections Compendium.
Abstract
Most of the 19 States reported the guidelines were an improvement over past sentencing, although some State officials said the guidelines might be too rigid. All systems reported establishing the guideline to reduce sentencing disparity, and six States used them to eliminate discretionary parole and provide truth in sentencing. Two States mentioned the goal of relieving prison overcrowding. Sentencing commissions set the guidelines in seven systems; State law sets them in six States; and both sources are involved in two States. In most jurisdictions, the circumstances of the offense and the offender's past record were the primary factors in setting the guidelines. Florida also considers the offender's legal status at the time of the offense; and in Iowa, the offender's social history and needs are considered. Judges may depart from the guidelines in 16 jurisdictions, with written explanations required in 11. Twelve of the 19 jurisdictions offer alternatives to incarceration as possible penalties in the guidelines. Survey respondents indicated the advantages of guidelines for departments of corrections include more predictable release dates, more sentencing consistency, lower population growth, improved population projections, and a reduced number of nonviolent offenders in prison. A chart provides the following information for each State: the year the guidelines were enacted, who set the guidelines, law change required to change the guidelines, bases for sentences, whether the judge can depart from the guidelines, whether the guidelines consider the prison space available, and whether alternatives are covered in the guidelines.