U.S. Sentencing Commission: Hearing Before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, First Session, December 14, 1995 |
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Bill McCollum BRYANT of Tennessee CHABOT Chairman changes charge COBLE Commission's committee Congress convicted CONYERS cooperation crack cocaine criminal history criminal justice system criticism defendant defendant's discretion district judge drug offenses effective factors Federal courts federal criminal justice Federal judges federal sentencing guidelines goal going guideline amendment guideline range guideline sentence guideline system hearing impact imposed JACKSON LEE Judge CONABOY Judge Garza Judge Newman Judge Wilkinson judicial judiciary line prosecutors look mandatory minimum mandatory sentence MCCOLLUM parole plea prison probation officers problem prosecution punishment question recommendations relevant conduct responsibility role safety valve SCHUMER SCOTT sentencing judge sentencing law sentencing policy Sentencing Reform Act SHEILA JACKSON LEE staff statutory subcommittee substantial assistance talk tencing testimony Thank there's things Thornburgh Thornburgh Memo tough U.S. attorney U.S. COURT U.S. Sentencing Commission uniformity United States Attorneys United States Sentencing WHITESIDE
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Page 107 - Upon motion of the Government, the court shall have the authority to impose a sentence below a level established by statute as a minimum sentence so as to reflect a defendant's substantial assistance in the investigation or prosecution of another person who has committed an offense.
Page 13 - Rep at 168-69 -5sentencing system Under the guidelines, sentencing courts are directed to evaluate specific enumerated factors grounded in experience and reason and to engage in appropriate fact-finding to determine whether these factors are present in each case If they are. the guidelines and Commission policy statements provide the court with substantial guidance as to how these factors ordinarily should contribute to the sentence This structure provides fairness, predictability, and appropriate...
Page 102 - ... (b)(6). The time limits prescribed in subdivision (b)(6) may be either shortened or lengthened for good cause. (b) PRESENTENCE INVESTIGATION AND REPORT. (1) When Made. The probation officer must make a presentence investigation and submit a report to the court before the sentence is imposed, unless: (A) the court finds that the information in the record enables it to exercise its sentencing authority meaningfully under 18 USC § 3553; and (B) the court explains this finding on the record. (2)...
Page 115 - However, a faithful and honest application of the Sentencing Guidelines is not incompatible with selecting charges or entering into plea agreements on the basis of an individualized assessment of the extent to which particular charges fit the specific circumstances of the case, are consistent with the purposes of the federal criminal code, and maximize the impact of federal resources on crime. Thus, for example, in determining "the most serious offense that is consistent with the nature of the defendant's...
Page 18 - Commission's policy analysts office can of course provide more sophisticated analyses, and as part of our mandate, we do conduct both short- and long-term research bearing on crime policy. D. Training To ensure that the guidelines work as intended, the Commission staff conducts training and information sessions across the country. From the period immediately prior to the initial guidelines becoming law, the Commission has led or participated in hundreds of training sessions involving thousands of...
Page 21 - CONCLUSION Overall, we believe the guidelines and the Commission have brought about three positive changes in the federal criminal justice system First, the system is more honest With the abolition of parole, there is truth in sentencing for the first time in the federal courts. Second, the system generally is more consistent, tougher, and fairer Similar defendants who commit similar crimes are now sentenced in a similar manner. And third, the system is more effective The certainty by which punishment...
Page 12 - November 1987 after the requisite six months' congressional review. Thus, today's federal sentencing system — created by the Commission pursuant to a carefully crafted and, I think, wise congressional mandate - is very different from the inconsistent and uncertain system in place before the Sentencing Reform Act. It is a structured and tough 2S.
Page 11 - Reform Act as part of the Comprehensive Crime Control Act of 1984. The Act created the United States Sentencing Commission and mandated that the Commission design sentencing guidelines to bring consistency and certainty to federal sentencing law Although a number of factors made the development of federal sentencing guidelines difficult, the Commission accomplished this task in 18 months, and the guidelines took effect in November 1987, after the requisite six months...
Page 13 - In 199S, over 38,000 convicted defendants were sentenced in federal courts under the sentencing guidelines The structure is only part of the story The guidelines are tough, providing appropriately punitive sentences for violent, predatory, and other dangerous offenders, sentences substantially longer than those meted out before the guidelines Studies have shown, for example, that since the guidelines have been in place, sentences for drug and violent offenders have increased substantially In addition,...
Page 14 - ... guidelines Studies have shown, for example, that since the guidelines have been in place, sentences for drug and violent offenders have increased substantially In addition, the Commission in its original guidelines specifically raised penalties for several classes of offenses including white collar -6offenses and civil rights crimes, which include police brutality offenses The Commission determined that before the guidelines, sentences for these classes of offenses were simply too low and thereby...