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NCJ Number: 115234 Find in a Library
Title: Sentencing Commission Commentary on Sentencing Procedures (From Sentencing Defense Manual, App.4E-1 to App.4E-6, 1988, by Marcia G Shein -- Se NCJ-115227)
Author(s): M G Shein
Date Published: 1988
Page Count: 6
Sponsoring Agency: Clark Boardman Company, Ltd
New York, NY 10014
Sale Source: Clark Boardman Company, Ltd
435 Hudson Street
New York, NY 10014
United States of America
Type: Legislation/Policy Description
Language: English
Country: United States of America
Annotation: This supplement to Chapter 6 of the 'Sentencing Guidelines' discusses the reasons underlying the Sentencing Commission's guidelines and policy statements on sentencing procedure and plea agreements.
Abstract: Chapter 6 deals with procedure for establishing the facts upon which sentences will be based. Accurate fact-finding is essential to ensure that an appropriate sentence is imposed and that disparities are avoided. However, workability and administrative efficiency also are important to the proper application of the sentencing guidelines. Consequently, the Commission chose to focus on a relatively manageable number of frequently occurring factors and to avoid a highly detailed, all-encompassing weighting system that considers every conceivable nuance. The presentence report, together with requirements for advance statements of the position of the parties and stipulations as to relevant sentencing factors, provide mechanisms for ensuring accuracy and fairness and facilitating dispute resolution. Finally, the guidelines also provide for more formal mechanisms in resolving disputes and contested factual issues. Because some 85 percent of Federal criminal convictions result from guilty pleas, the Commission examined empirical data on the effect of guilty pleas. Analyses indicate that the average time served is 30 to 40 percent lower when conviction is on a guilty plea than when the conviction is obtained through trial.
Main Term(s): Sentencing guidelines
Index Term(s): Plea negotiations; Presentence investigations; Sentencing factors
Note: Sentencing Commission Commentary on Sentencing Procedures (Excerpt from the Commission's 'Supplementary Report on the Initial Sentencing Guidelines and Policy Statements,' June 18, 1987)
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