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NCJ Number: NCJ 243254   Add to Shopping cart   Find in a Library
Title: Legal Change and Sentencing Norms in Federal Court: An Examination of the Impact of the Booker, Gall, and Kimbrough Decisions
Author(s): Mona Lynch ; Marisa Omori
Date Published: 08/2013
Page Count: 75
Sponsoring Agency: National Institute of Justice
US Department of Justice
Office of Justice Programs
United States of America
Grant Number: 2010-IJ-CX-0010
Sale Source: NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF 
Type: Report (Study/Research) ; Research (Applied/Empirical) ; Report (Grant Sponsored)
Language: English
Country: United States of America
Annotation: This study examined sentencing in Federal drug trafficking cases since the U.S. Supreme Court determined that Federal sentencing guidelines are merely advisory in judicial sentencing decisions (US v. Booker [2005], Gall v. US [2007] and Kimbrough v. US [2007]).
Abstract: These decisions mean that judges are now free to impose sentences other than those specified by the Federal Sentencing Guidelines, so long as they explicitly explain their reasons for departing from the Guidelines. The current study indicates that drug-trafficking sentences lengths have steadily decreased over time, as reflected in the difference between the Guideline minimum sentence and actual imposed sentence. This suggests that in sentencing for drug offenses, Federal courts have engaged in a correction of the long. draconian Federal drug sentences enacted by Congress and incorporated in the sentencing guidelines developed by the U.S. Sentencing Commission; however, the sentencing trends for drug offenses have varied by Federal district and by State over time, tending to stabilize in a distinctive pattern. This indicates that the Federal court system should not be viewed as a unified system that changes lockstep in response to particular U.S. Supreme Court decisions. In addition, in any given year, individual case factors explain the bulk of variance in sentence outcomes. The study methodology involved quantitative analyses of U.S. Sentencing Commission individual sentence-outcome data, supplemented with district-level and State-level variables. Sentence-outcome by district was examined for five categories of drug-trafficking offenses (crack cocaine, powder cocaine, heroin, methamphetamine, and marijuana) subject to section 2D1 of the Guidelines from 1993 to 2009. Research questions about the quality, variation, and extent of sentencing change over time were tested using hierarchical linear modeling in the first set of analyses. Statistical analyses methods are explained. 12 tables, 5 figures, and 51 references
Main Term(s): Court procedures
Index Term(s): Judicial discretion ; Federal drug laws ; Sentencing/Sanctions ; Drug law offenses ; Federal courts ; US Supreme Court decisions ; Sentencing guideline compliance ; Federal sentencing guidelines ; NIJ final report
   
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https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=265331

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