Sentencing Reform Proposals

Gao ID: 124105 May 9, 1984

GAO presented its findings concerning criminal sentencing reform legislation and the potential impact of these changes on the Federal criminal justice system. Aspects of sentencing reform that need to be considered include: (1) requiring appellants to present at one time all claims or grounds for appeal of sentences imposed by a district court; (2) establishing standards to assist judges in determining whether to accept plea agreements; and (3) establishing a timeframe prior to sentencing for the disclosure of presentence investigation reports. GAO found that a large majority of judges responding to the GAO questionnaire favored a single comprehensive review rather than multiple reviews of a sentence appeal. GAO suggested that oversight of plea agreements would reduce sentencing disparity. GAO endorsed the concept of a specific timeframe for disclosure of the presentence report if the other reforms are enacted. GAO noted that lack of information on Federal sentencing practices, offense severity, and offender characteristics could affect guidelines which, under many of the legislative proposals, would be determined by a sentencing commission. Adopting sentencing reform proposals could result in an increased circuit court caseload and workload for prosecutors and defense attorney. To determine the impact of these proposals on the Federal prison population would be difficult without information on the guidelines.



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