User:Kaatiegabrielle/Sentencing Reform Act

Sentencing Reform Act

The Sentencing Reform Act was enacted in 1984. This statute was enacted by both houses of Congress which lead to the creation of the United States Sentencing Commission. The purpose of the Sentencing Reform Act is to reform sentencing on a federal level by (1) getting rid of rehabilitation programs in order to examine other forms of punishment, (2) creating the United States Sentencing Commission, (3) assigning all federal sentences to be definitive, and (4) allowing appellate cases to be evaluated.

History

The Sentencing Reform Act was included into the Comprehensive Crime Control Act of 1984. This act was signed into law by Ronald Regan and enacted by the 98th United States Congress, passing with a 78-11 vote in the Senate and 252-60 in the House, effective by October 12, 1984. The Comprehensive Crime Control Act of 1984 was the first of its kind by amending the U.S. Criminal Code and doing a complete revision since the 1900's. The biggest revision to this act was the standard and requirements for bail were determined how dangerous a defendant may be.

United States Sentencing Commission

The United States Sentencing Commission was endowed to be an independent agency inside the Judicial Branch. The President appoints Commissioners with consent of the Senate. The Commission consists of seven members who each with a term of six years. Commissioner members may also be reappointed for one additional term. At least three members of the Commission must be federal judges. No more than four Commissioners can be of the same political party. The Sentencing Reform act directs the Commission to compile and analyze data to serve as the powerhouse of information regarding sentencing. The Commission must regularly amend federal sentences guidelines and create reports about the recommendation of changes they have for legislation related to sentencing to Congress.

The Commissions purposes are as follows (as stated from them):

1. "establish sentencing policies and practices for the federal courts, including guidelines to be consulted regarding the appropriate form and severity of punishment for offenders convicted of federal crimes;
2. advise and assist Congress and the executive branch in the development of effective and efficient crime policy; and
3. 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."

Current Commission Members:             

Acting Chair, Judge Charles R. Breyer            

EX Officio Commissioner, Patricia K.Cushwa

EX Officio Member Candice C. Wong 

Effects

The Sentencing Reform Act increased consistency in federal sentencing. This means that two people with the same offenses will be determined to have the same outcome for punishment or sentence. This helps stop the over population in prisons and shorten sentence for nonviolent offenders. An example of this would be to shorten the length of mandatory minimums for nonviolent offenders and have judges act in a fair discretion. It was determined that the guidelines created for sentencing would be mandatory permanent rules rather than an advisory direction. The impact of the Sentencing Reform act appears to show changes in the way prisons are managed. Due to all defendant's having similar sentences for the same crime there was an increase in prison population as well as inmates having longer sentences than before. With an increase in prison populations most states failed to keep up with the pace and the living environment for inmates declined.