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Federal Sentencing Guidelines
sentence
sentence, in criminal law, punishment that a court orders, imposed on a person convicted of criminal activity. Sentences typically consist of fines, corporal punishment, imprisonment for varying periods including life, or capital punishment, and sometimes combine two or more elements. In the United States, the Eighth Amendment to the Constitution bans
"cruel and unusual punishments"
(effectively excluding corporal punishment), and exile and forfeiture of property by heirs are not imposed. Especially in punishing misdemeanors, payment of a fine may be the alternative to a prison sentence.
The sentence to be imposed is generally fixed by statute. In some cases (mandatory sentencing) the duration is exactly prescribed; in others the judge (and in some instances, the jury) has limited discretion. The U.S. Supreme Court has held that courts in sentencing may, and sometimes must, consider not only the crimes for which a defendant was convicted, but also other charges, even if they led to acquittal. The Court has also ruled that only a jury may make the factual findings that can increase a sentence beyond the usual range specified in law for a crime. If a person is convicted of more than one crime at a single trial, the sentences may run concurrently (i.e., all beginning at the same time) or consecutively. In indeterminate sentencing, a minimum and maximum term is set, and good behavior may allow a convict to be released on parole any time after the minimum term has been served. In many states successive convictions on felony charges bring longer sentences, and in the 1980s some U.S. states and the federal government began to impose
"three strikes"
and similar laws, ordering mandatory long-term or life imprisonment for repeated felony offenses. Such laws have been criticized for sometimes requiring long sentences for nonviolent offenders whose crimes may include petty theft or drug possession. Persons found incapable of understanding the nature of their crimes or of helping in their defense are often committed to mental institutions for periods that are to end if they recover sanity; these are effectively, if not technically, sentences. See also verdict, jury, and pardon.
Selected full-text books and articles on this topic at Questia
Federal Sentencing Guidelines and the Rehnquist Court: Theories of Statutory Interpretation
Spiro, Rebecca L. American Criminal Law Review, Vol. 37, No. 1, Winter 2000
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Spiro, Rebecca L. American Criminal Law Review, Vol. 37, No. 1, Winter 2000
The Effect of the Federal Sentencing Guidelines on Inter-Judge Sentencing Disparity
Hofer, Paul J.; Blackwell, Kevin R.; Ruback, R. Barry. Journal of Criminal Law and Criminology, Vol. 90, No. 1, Fall 1999
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Hofer, Paul J.; Blackwell, Kevin R.; Ruback, R. Barry. Journal of Criminal Law and Criminology, Vol. 90, No. 1, Fall 1999
The Role of Criminal Record in the Federal Sentencing Guidelines
Roberts, Julian V. Criminal Justice Ethics, Vol. 13, No. 1, Spring 1994
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Roberts, Julian V. Criminal Justice Ethics, Vol. 13, No. 1, Spring 1994
The Exclusionary Rule at Sentencing: New Life under the Federal Sentencing Guidelines?
Forde, Michael K. American Criminal Law Review, Vol. 33, No. 2, Winter 1996
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Forde, Michael K. American Criminal Law Review, Vol. 33, No. 2, Winter 1996
Double Jeopardy and the United States Sentencing Guidelines
Wiet, Elizabeth J. Journal of Criminal Law and Criminology, Vol. 86, No. 4, Summer 1996
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Wiet, Elizabeth J. Journal of Criminal Law and Criminology, Vol. 86, No. 4, Summer 1996
Sentencing Matters
Michael Tonry. Oxford University Press, 1996
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Michael Tonry. Oxford University Press, 1996
Librarian’s tip: Chap. 3 "The Federal Sentencing Guidelines"
Establishing Uniformity: The Need for a per Se Rule against the Grouping of Money Laundering and Fraud Counts under the Federal Sentencing Guidelines
Tew, Eric C. William and Mary Law Review, Vol. 42, No. 3, March 2001
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Tew, Eric C. William and Mary Law Review, Vol. 42, No. 3, March 2001
Guided to Injustice? the Effect of the Sentencing Guidelines on Indigent Defendants and Public Defense
Hall, Joseph S. American Criminal Law Review, Vol. 36, No. 4, Fall 1999
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Hall, Joseph S. American Criminal Law Review, Vol. 36, No. 4, Fall 1999
A New "Sliding Scale of Deference" Approach to Abuse of Discretion: Appellate Review of District Court Departures under the Federal Sentencing Guidelines
Lee, Cynthia K. Y. American Criminal Law Review, Vol. 35, No. 1, Fall 1997
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Lee, Cynthia K. Y. American Criminal Law Review, Vol. 35, No. 1, Fall 1997