skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 126898 Find in a Library
Title: Federal Sentencing Guidelines: Do They Provide Principled Guidance?
Journal: American Criminal Law Review  Volume:27  Issue:2  Dated:(1989)  Pages:367-390
Author(s): A von Hirsch
Date Published: 1989
Page Count: 24
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This analysis of the work of the United States Sentencing Commission and the Canadian Sentencing Commission focuses on the penal rationales used, the impacts of the commissions' guidelines on correctional resources, the incentives for avoiding the guidelines, and the prospects for improving the guidelines over time.
Abstract: The United States guidelines took effect in 1987, whereas the Canadian Commission's work represents an earlier stage of the process of writing guidelines. The movement for sentencing guidelines is likely to continue, because guidelines offer the most promising method to avoid overloading correctional resources. Nevertheless, the United States guidelines could produce a large increase in the Federal prison population. Judges can use the many exceptions to avoid incarcerative sentences, but this approach would achieve little rationality. It is likely that some judges will rely more on the Commission's grid and that others will rely more on the escape clauses, resulting in large disparities. The most urgent task is to scale down the penalties and provide noncustodial penalties such as fines and community services for the lower and intermediate-level offenses that now draw custodial sentences. 103 footnotes
Main Term(s): Sentencing guidelines
Index Term(s): Canada; US Sentencing Commission; US/foreign comparisons
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=126898

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.