The Model Federal Sentencing Guidelines Project: Departures, Model Sentencing Guidelines §5.1

Abstract

This Article is the twelfth 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 governing the imposition of sentences below the applicable sentencing range (departures) based on factors not adequately addressed in the guidelines themselves.

Keywords: sentencing, crime, criminal law, Federal Sentencing Guidelines, departures, sentencing commission, United States Sentencing Commission

JEL Classification: K10, K14, K41, K42