United States Sentencing
Commission
Guidelines Simplification Draft Reports
- Working Group Purpose Statement This simplification
projects purpose statement describes the need for a comprehensive review
of the guidelines. The reviews objective is twofold: (1) to reduce the
complexity of guideline application; and (2) to improve federal sentencing
by working closely with the judiciary and others to refine the guidelines.
- Sentencing Reform Act This staff discussion paper
provides an overview of the principal purposes and features of the Sentencing
Reform Act of 1984 (SRA). The principal SRA provisions that shape and constrain
drafting of the sentencing guidelines are described, including the constraints
of the 25 percent rule. The paper enumerates congressional directives
enacted subsequent to the SRA that further limit Commission amendment discretion
and exert Congresss direct influence over the levels of severity and
specificity reflected in the guidelines for many offenses.
- Departures and Offender Characteristics This staff
discussion paper analyzes departures and offender characteristics under the
guidelines and includes a discussion of pertinent sections of applicable statutory
directives and their legislative history, and a review of empirical information
on current departure practice and appellate review standards.
- Chapter 3 Adjustments This staff discussion paper
examines the major policy issues in Chapter Three of the Guidelines Manual
(except for Part D - Multiple Counts which is the topic of a separate
report) by reviewing data, case law, hotline calls, training experiences,
and pertinent literature. The aim of this paper is to explain why Chapter
Three includes certain adjustments and how the adjustments are working.
- Relevant Conduct This staff discussion paper examines
the tension between real-offense and charge- offense sentencing and the Commissions
response to it: the relevant conduct guideline. The paper discusses the federal
criminal code and the ways in which the code and the Sentencing Reform Act
eliminate the possibility of a pure offense of conviction sentencing system.
Finally, the paper outlines broad options to address these issues.
- Chapter 2 Level of Detail
This paper focuses on the 151 offense guidelines in Chapter Two of the
Guidelines Manual. The paper discusses the choices the Commission made
about: the factors important to sentencing; the assignment of a specific weight
to a base offense level or a specific offense characteristic (SOC); cross
reference determinations; and departure decisions.
- Chapter 4 Criminal History This staff discussion
paper has three components: (1) policy issues regarding the ability of the
current criminal history score to adequately distinguish between offenders;
(2) an outline of several issues that create guideline application problems;
and (3) alternative criminal history measures that may improve the current
guidelines.
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Multiple Counts This staff discussion paper reviews
the guidelines multiple count rules (Chapter Three, Part D). The paper
presents information from a years worth of hotline calls that dealt
with multiple count application. Information on judicial interpretation was
obtained from appellate case law on multiple count issues.
- Sentencing Options Under the Guidelines The Sentencing
Options Working Group examined the various alternatives to imprisonment that
are possible under the guidelines. This paper analyzes: (1) statutory directives
regarding alternatives, (2) ways in which the guidelines define and allocate
sentencing options, (3) criticisms of the existing approach, (4) guideline
complexity, (5) judicial use of existing options, (6) factors that account
for use or non-use of alternatives, and (7) evaluations of the effectiveness
of particular alternatives.
United States Sentencing Commission