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Minnesota Sentencing Guidelines: An Historical Overview and an Analysis of the Appellate Case Law

NCJ Number
111309
Author(s)
E Shapiro
Date Published
1987
Length
32 pages
Annotation
This report provides a historical overview of the Minnesota sentencing guidelines system and a legal analysis of the major appellate decisions that have interpreted the guidelines since they were adopted in 1980.
Abstract
Minnesota's sentencing guidelines legislation was based on a disenchantment with the indeterminate sentencing system and its rehabilitative rationale. The sentencing guidelines involve a determinate sentencing system based on a modified 'just deserts' sentencing philosophy; the sentences are presumptive regarding disposition and duration. The guidelines are legally binding on the sentencing judge; however, they are advisory in that they contain procedures permitting the sentencing judge to deviate from the guidelines under prescribed circumstances. A sentencing guidelines grid is composed of two axes. The lefthand vertical axis contains the 10 offense severity levels. The horizontal axis measures the offender's criminal history score. The point in the grid at which the offender's criminal history score and offense severity level intersect contains the presumptive length of the offender's sentence, expressed in months. The appellate decisions examined in this study are those that interpret guidelines policies and provisions so as to elaborate on or otherwise support them, have resulted in explicit guidelines changes, and have added procedures or substantive policies to the guidelines that do not explicitly appear in the text of the guidelines. 68 footnotes.

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