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NCJRS Abstract

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NCJ Number: 120589 Find in a Library
Title: Sentencing (From White-Collar Crime: Fifth Survey of Law, P 1239-1258, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)
Journal: American Criminal Law Review  Volume:26  Issue:3  Dated:(Winter 1989)  Pages:1239-1258
Author(s): D M Schiff
Date Published: 1989
Page Count: 20
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: The Sentencing Reform Act attempts to remedy disparity in Federal criminal sentences handed down to street criminals and white collar offenders by establishing sentencing guidelines that are honest, uniform, and proportional.
Abstract: The Sentencing Reform Act, a part of the Comprehensive Crime Control Act of 1984, established the United States Sentencing Commission, the body charged with developing guidelines for fair and equitable sentences. The work of the Sentencing Commission in creating a new sentencing system is detailed. Federal judges are now required to apply the Sentencing Commission's guidelines strictly when sentencing convicted defendants. The sentencing table developed by the Commission is discussed, along with offense levels, permitted adjustments, and exceptions permitting departure from the guidelines. The effect of the guidelines on such issues as parole, sentence reduction, probation, plea bargaining, restitution, forfeiture, appeals, and white collar crime is discussed. The constitutionality and practical effect of the sentencing guidelines are also examined. 125 footnotes.
Main Term(s): Sentencing disparity
Index Term(s): Crime Control Act of 1984; Sentencing commissions; Sentencing reform; White collar crime
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