Transcript Ch. 1 Pt. A - Indiana Federal Community Defenders

CJA TRAINING
CONFERENCE
Indianapolis, Indiana
July 22-23, 2014
Ch. 1 Pt. A
GUIDELINES MANUAL
(d) Probation and Split Sentences.
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The Commission’s solution to this problem has been to write guidelines that
classify as serious many offenses for which probation previously was
frequently given and provide for at least a short period of imprisonment in
such cases. The Commission concluded that the definite prospect of prison,
even though the term may be short, will serve as a significant deterrent,
particularly when compared with pre-guidelines practice where probation, not
prison, was the norm.
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“NOT ORDINARILY RELEVANT”
AGE, EDUCATION, VOCATIONAL SKILL, MENTAL
AND EMOTIONAL CONDITION, PHYSICAL
CONDITION, DRUG OR ALCOHOL DEPENDENCE,
EMPLOYMENT RECORD, FAMILY TIES AND
DEPENDENCY OF FAMILY, MILITARY SERVICE,
CIVIC, CHARITABLE AND PUBLIC SERVICE AND
OTHER GOOD WORKS
“NOT RELEVANT AT ALL”
DISADVANTAGED UPBRINGING
GUIDELINES MANUAL
§5H1.12
§5H1.9.
November 1, 2000
Dependence upon Criminal Activity for a Livelihood (Policy Statement)
The degree to which a defendant depends upon criminal activity for a livelihood is relevant in determining
the appropriate sentence. See Chapter Four, Part B (Career Offenders and Criminal Livelihood).
Historical Note: Effective November 1, 1987.
§5H1.10.
Race, Sex, National Origin, Creed, Religion, and Socio-Economic Status (Policy Statement)
These factors are not relevant in the determination of a sentence.
Historical Note: Effective November 1, 1987.
§5H1.11.
Military, Civic, Charitable, or Public Service; Employment-Related Contributions;
Record of Prior Good Works (Policy Statement)
Military, civic, charitable, or public service; employment-related contributions; and similar prior good works
are not ordinarily relevant in determining whether a sentence should be outside the applicable guideline
range.
Historical Note: Effective November 1, 1991 (see Appendix C, amendment 386).
§5H1.12.
Lack of Guidance as a Youth and Similar Circumstances (Policy Statement)
Lack of guidance as a youth and similar circumstances indicating a disadvantaged upbringing are not
relevant grounds in determining whether a departure is warranted.
Historical Note: Effective November 1, 1992 (see Appendix C, amendment 466).
Changes in U.S.
Imprisonment Rates Over
Time
2012 INCARCERATION
RATES
United States vs. Western Europe
(Source: International Centre for Prison Studies)
2012 Incarceration Rate
0
100
200
300
400
500
USA
UK
Italy
Austria
France
Belgium
Netherlands
Germany
Denmark
Sweden
Incarceration Rate (per 100,000)
600
700
800
2012 INCARCERATION
RATES
United States vs. Worldwide
(Source: International Centre for Prison Studies)
2012 Incarceration Rate (per 100,000)
0
100
200
300
400
500
USA
Rwanda
Russian Fed.
Iran
Brazil
Singapore
UK
Australia
China
Canada
France
Germany
India
Incarceration Rate (per 100,000)
600
700
800