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Sentencing Guidelines Determine Penalties in 19 Systems

NCJ Number
150990
Journal
Corrections Compendium Volume: 19 Issue: 7 Dated: (July 1994) Pages: 7-14
Author(s)
J Lillis
Date Published
1994
Length
8 pages
Annotation
A recent survey of State and Federal criminal justice systems revealed that 18 States and the Federal Government use sentencing guidelines to help the courts determine penalties for convicted offenders.
Abstract
Forty-seven jurisdictions responded. At least five of these jurisdictions have enacted guidelines since 1990. Four jurisdictions that reported using some form of sentencing guidelines in the 1992 survey did not report using them this year. Twelve systems consider guidelines to be an improvement over past sentencing, although some believe that the guidelines are too rigid in some cases. The effects of sentencing guidelines vary. Some systems report increases in prison populations, while others have not yet determined the impact or report a leveling off or fluctuations in incarceration rates. Factors used in setting guidelines include the circumstances of the offense in 17 systems, the offender's past record in 18 systems, and the offender's social history. The sentencing judge may depart from guidelines in 15 States. Alternatives to prison are considered in 14 jurisdictions. Four additional systems report that guidelines have been proposed. Chart giving State-by-State comparisons.