The Sentencing Commission, at its May meeting, identified comprehensive review of the federal guidelines system as a top agency priority. The Commission is well positioned to undertake this task, given the vast amounts of information available from the more than 225,000 cases sentenced under the guidelines during the past eight years, numerous appellate opinions issued on various guidelines issues, the growing body of academic literature and public comment, and the extensive empirical analysis of the guidelines conducted to date. This purpose statement outlines the working group's proposed scope of inquiry and methodology. The group will comprehensively and aggressively assess each major section of the guidelines, critique application complexities, and develop options for Commission consideration.
Complexity is viewed as the source of confusion and frustration in guideline application.
Moreover, this confusion results in unreliable application and judicial resistance - two outcomes that undermine the effectiveness of the guidelines. The working group proposes the following strategy to assist commissioners in their deliberations on how they might simplify and improve the guidelines system. The group will prepare concise issue papers on major guideline topics to provide a foundation for Commission consideration of relevant issues and possible sentencing models. These papers will provide sound bases for commissioners, staff, and the public to understand the current guidelines and assess any proposals for change. The working group proposes to discuss each issue with commissioners in an informal working session to receive guidance as to which options to develop in more detail for public comment.