Sentencing Guidelines - Research Guide
by Jim Voelker, Deputy Circuit Librarian, St. Louis
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Sentencing guidelines are a response by the legislature to what are perceived to be uneven sentences imposed on similar defendants, or to excessively lax sentences in general. The Guidelines Manual states its goal as seeking honesty, uniformity, and proportionality in sentencing. Mandatory sentencing guidelines can be criticized for attempting to implement a Procrustean result on all defendants without regard to the unique circumstances of the case. In addition, having a judge impose a longer sentence based on aggravating factors that have not been decided by a jury arguably violates the defendant's 6th Amendment right to a jury trial. Existing sentencing guidelines reflect the tension between the legislative and judicial branches on these issues.
The Sentencing Reform Act of 1984 created the United States Sentencing Commission as an independent agency in the Judicial Branch directed to develop guidelines. Several Supreme Court decisions have shaped the Sentencing Guidelines, notably Blakely v. Washington and U.S. v. Booker (with its companion case U.S. v. Fanfan). Since the Supreme Court in Booker and Fanfan has held (albeit 5-4) that the guidelines are only advisory, the ball is back in Congress' court to see if they can come up with mandatory guidelines that pass constitutional muster.
Statutes
|
call number |
location | |
| Fear of Judging: Sentencing Guidelines in the Federal Courts by Kate Stith and José A. Cabranes | KF9685 .S75 1998 | STL, DM, FAR, KC, LR, MN, OM, STP |
| Federal Sentencing Guidelines Handbook by Roger Haines, et al. (Shepard's) | KF9685 .F43 | STL, FAR, KC, LIN, OM |
| Federal Sentencing Guidelines Manual (West) | KF9685 .A842 | Located in all 8th Circuit Libraries |
| Federal Sentencing Law and Practice by Thomas W. Hutchison, et al. (West) | KF9685 .H87 (FSLP on Westlaw) |
STL, DM, FAR, KC, LR, MN, OM |
| Law of Sentencing by Arthur W. Campbell (West) | KF9685 .C35 2004 | STL, KC, LIN, LR, MN, STP |
| Sourcebook of Federal Sentencing Statistics (USSG) | KF9685 .A882 | Located in all 8th Circuit Libraries |
| United States Sentencing Commission Guidelines Manual | KF9685 .A843 | Located in all 8th Circuit Libraries |
| West's Federal sentencing guidelines digest | KF9685 .A59 W47 | STL, FA, LR, MN, STP |
| Federal sentencing guide by Roger W. Haines | KF9685 .A53 H3512 | STL, FA, KC, LR |
| Sourcebook of federal sentencing statistics | KF9685 .A882 | Located in all 8th Circuit libraries |
| Federal sentencing reporter : FSR | KF9685 .A59 F43 (FCJ-FSR on Westlaw) |
STL, DM, FA, KC, LR, MN, OM, STP |
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