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NCJ Number: 150648 Find in a Library
Title: Role of Congress in Sentencing: The United States Sentencing Commission, Mandatory Minimum Sentences, and the Search for a Certain and Effective Sentencing System
Journal: Wake Forest Law Review  Volume:28  Issue:2  Dated:(Summer 1993)  Pages:185- 198
Author(s): O G Hatch
Date Published: 1993
Page Count: 14
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article discusses the role of Congress in the Federal sentencing system, reviews the creation of the U.S. Sentencing Commission, examines the effectiveness of sentencing guidelines promulgated by the U.S. Sentencing Commission, and discusses mandatory minimum sentences and alternatives to them.
Abstract: Over the last decade, Congress has assumed a more active role in the Federal sentencing system and should continue to do so. Inherent in this role is the responsibility to analyze the effectiveness of sentencing guidelines, to broadly examine their deficiencies, and to suggest necessary improvements. While mandatory minimum sentences remain within the legislature's power and prerogative, Congress should continue to assess the merit of these measures in advancing objectives established by the Sentencing Reform Act of 1984. In pursuing a certain and effective sentencing system, Congress should study various sentencing approaches that maintain public confidence in the criminal justice system. Alternatives to mandatory minimum sentences include specific statutory directives, general directives, and increased statutory maximums. 84 footnotes
Main Term(s): Courts
Index Term(s): Criminology; Legislative impact; Mandatory Sentencing; Sentence effectiveness; Sentencing guidelines; Sentencing reform; US Sentencing Commission
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