AN OVERVIEW OF THE UNITED STATES SENTENCING COMMISSION
The United States Sentencing Commission is an independent agency in
the judicial branch of government. Its principal purposes are:
- to establish sentencing policies and practices for the federal
courts, including guidelines prescribing the appropriate form
and severity of punishment for offenders convicted of federal
crimes;
- to advise and assist Congress and the executive branch in the
development of effective and efficient crime policy; and
- to collect, analyze, research, and distribute a broad array of
information on federal crime and sentencing issues, serving as
an information resource for Congress, the executive branch,
the courts, criminal justice practitioners, the academic
community, and the public.
The U.S. Sentencing Commission was created by the Sentencing Reform
Act provisions of the Comprehensive Crime Control Act of 1984. The
sentencing guidelines established by the Commission are designed
to:
- incorporate the purposes of sentencing (i.e., just
punishment, deterrence, incapacitation, and rehabilitation);
- provide certainty and fairness in meeting the purposes of
sentencing by avoiding unwarranted disparity among offenders
with similar characteristics convicted of similar criminal
conduct, while permitting sufficient judicial flexibility to
take into account relevant aggravating and mitigating factors;
- reflect, to the extent practicable, advancement in the
knowledge of human behavior as it relates to the criminal
justice process.
The Commission is charged with th eongoing responsibilities of
evaluating the effects of the sentencing guidelines on the criminal
justice system, recommending to Congress appropriate modifications
of substantive criminal law and sentencing procedures, and
establishing a research and development program on sentencing
issues.
In addition to creating the Sentencing Commission, the Sentencing
Reform Act abolished parole for offenders sentenced under the
guidelines so that the sentence received would be basically the
sentence served. Under the law, inmates may earn up to 54 days of
credit a year for good behavior.
A Brief History of Federal Sentencing Guidelines
Disparity in sentencing, certainty of punishment, and crime control
have long been issues of interest for Congress, the the criminal
justice community, and the public. Before guidelines were
developed, judges could give a defendant a sentence that ranged
anywhere from probation to the maximum penalty for the offense.
After more than a decade of research and debate, Congress decided
that:
- the previously unfettered sentencing discretion accorded
federal trial judges needed to be structured;
- the administration of punishment needed to be more certain;
and
- specific offenders (e.g., white collar and violent, repeat
offenders) needed to be targeted for more serious penalties.
Consequently, Congress created a permanent commission charged
with formulating national sentencing guidelines to define the
parameters for federal trial judges to follow in their
sentencing decisions.
The resulting sentencing guidelines went into effect November 1,
1987. Shortly after implementation of the guidelines, defendants
began challenging the constitutionality of the Sentencing Reform
Act on the basis of improper legislative delegation and violation
of the separation of powers doctrine. The U.S. Supreme Court
rejected these challenges on January 18, 1989, in Mistretta v.
United States and upheld the constitutionality of the Commission as
a judicial branch agency. Since nationwide implementation in
January 1989, federal judges have sentenced more than 300,000
defendants under the guidelines.
The Commission has the authority to submit guideline amendments
each year to Congress between the beginning of a regular
congressional session and May 1. Such amendments automatically
take effect 180 days after submission unless a law is enacted to
the contrary.
How the Sentencing Guidelines Work
The sentencing guidelines provide federal judges with fair and
consistent sentencing ranges to use in their courts. The
guidelines take into account both the seriousness of the criminal
conduct and defendant's criminal record. Based on the severity of
the offense, the guidelines assign most federal crimes to one of 43
"offense levels." Each offender is also assigned to one of six
"criminal history categories" based upon the extent and recency of
his or her past misconduct.
The point at which the offense level and criminal history category
intersect on the Commission's sentencing table determines an
offender's guideline range. In order to provide flexibilty, the
top of each guideline range exceeds the bottom by six months of 25
percent (whichever is greater). Ordinarily, the judge must choose
a sentence from within the guideline range unless the court
identifies a factor that the Sentencing Commission failed to
consider that should result in a different sentence. However, the
judge must in all cases provide the reasons for the sentence.
Sentences outside the guideline range are subjuct to review by the
courts of appeals for an abuse of discretion, and all sentences can
be reviewed for incorrect application of the felevant guidelines or
law.
Innovations under the Guidelines System
- Structured judicial discretion
- Appellate review of sentences
- Reasons for sentence stated on the record
- Determinate or "real time" sentencing
- Abolition of parole
Organization of the Sentencing Commission
Unlike many special purpose "study" commissions within the
executive branch, Congress established the U.S. Sentencing
Commission as an ongoing, independent agency within the judicial
branch. The seven voting members on the Commission are appointed
by the President and confirmed by the Senate, and serve six-year
terms. At least three of the commissioners must be federal judges
and no more than four may belong to the same political party. The
Attorney General is an ex officio member of the Commission, as is
the Chairman of the U.S. Parole Commission.
The Commission staff of approximately 100 employees is divided into
four offices with the director of each office reporting to the
Staff Director who in turn reports to the Chairman. The four
offices are: General Counsel, Monitoring, Training and Technical
Assistance, and Policy Analysis. The Staff Director's Office, in
addition, houses the Office of Legislative and Public Affairs, the
Administrative Unit, and the Information Services Unit.
Congress created the Commission to serve as an expert agency in
federal sentencing matters. The Commission:
- Advises Congress and the executive branch on crime and
sentencing policy;
- Maintains the nation's most comprehensive database on federal
sentencing;
- Trains thousands of judges, probation officers, prosecutors,
defense attorneys, and others involved in the sentencing
process;
- Analyzes and researches crime and sentencing-related issues;
- Collects and disseminates information on federal sentencing
practices;
- Assesses the guidelines' effectiveness in achieving the
sentencing purposes of just punishment, deterrence,
incapacitation, and rehabilitation;
- Provides reports and technical assistance to Congress and the
judiciary on sentencing issues;
- Amends the guidelines as necessary;
- Operates a telephone helpline to assist judges, probation
officers, and prosecuting and defense attorneys with
guideline application; and
- Provides sentencing information to the courts, inmates, the
general public, the defense bar, students, professors, the
business community, and congressional offices.
For additional information on the U.S. Sentencing Commission,
contact:
Office of Legislative and Public Affairs
United States Sentencing Commission
One Columbus Circle, NE, Suite 2-500
Washington, DC 20002-8002
(202) 273-4590
http://www.ussc.gov
(sentence.211 hard, g)