When are Departures from the Federal Sentencing Guidelines Warranted
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Authors
Pribil, Michelle L.
Issue Date
1992
Volume
25
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The Federal Sentencing Guidelines ("Guidelines") were enacted by the Federal Sentencing Commission ("Sentencing Commission") pursuant to the Sentencing Reform Act of 1984. A major objective of sentencing reform was to temper judicial discretion so that similarly situated offenders convicted of like offenses would receive the same treatment in the sentencing process. However, Congress did not intend to so mechanize sentencing that no consideration would be given to the individual factors of a case. With the Guidelines, Congress sought to achieve a balance of judicial discretion so as to avoid disparate treatment, but still provide individualized sentences...
Description
Citation
25 Creighton L. Rev. 933 (1991-1992)
Publisher
Creighton University School of Law