CJA TRAINING CONFERENCE

Indianapolis, IndianaJuly 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

§5H1.12 GUIDELINES MANUAL November 1, 2000

§5H1.9. 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)

USA

UK

Italy

Austria

France

Belgium

Netherlands

Germany

Denmark

Sweden

0 100 200 300 400 500 600 700 8002012 Incarceration Rate

Incarceration Rate (per 100,000)

2012 INCARCERATION RATES

United States vs. Worldwide

(Source: International Centre for Prison Studies)

USA

Rwanda

Russian Fed.

Iran

Brazil

Singapore

UK

Australia

China

Canada

France

Germany

India

0 100 200 300 400 500 600 700 800

2012 Incarceration Rate (per 100,000)

Incarceration Rate (per 100,000)