The Model Federal Sentencing Guidelines Project: Determining the Sentencing Range and the Sentence within Range, Model Sentencing Guidelines §§1.2-1.8

Abstract:     
This Article is the second of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines, available on SSRN at http://ssrn.com/abstract=927929.

This segment of the project contains rules for determining the sentencing range and deciding on defendants' sentences within range under the Model Sentencing Guidelines. The Article also contains drafter's commentary explaining the rules, how they interact with other portions of the Model Guidelines, and the policy choices behind the rules.

Keywords: sentencing guidlines, federal sentencing guidelines, criminal law, United States Sentencing Commission, model sentencing guidelines, sentencing commission, sentencing range

JEL Classifications: K10, K14, K41, K42

Accepted Paper Series