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The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
The life cycle of federal supervision for a defendant. United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, [1] or in addition to home detention, [2] while the latter is imposed in addition to imprisonment.
[17] The "Drugs Minus Two Amendment" changed the U.S. Federal Sentencing Guidelines to "reduce the applicable sentencing guideline range for most federal drug trafficking offenses." [ 17 ] The Commission voted to make the Amendment retroactive on July 18, 2014, "thereby allowing eligible offenders serving a previously imposed term of ...
Substance abuse treatment is a condition for defendants to participate drug detoxification program and family or group counselling. The court may introduce this condition upon convicted offenders for the purpose of monitoring consumption of illegal drugs, medicines, or alcohol. [14]
Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their application may be mandatory for the criminal offenses that they cover.
The Anti-Drug Abuse Acts of 1986 and 1988 increased penalties and established mandatory sentencing for drug violations. The Office of National Drug Control Policy was created in 1989. Although these additional laws increased drug-related arrest throughout the country, they also incarcerated more African Americans than whites.
Treatment must last long enough to produce stable behavioral changes. Assessment is the first step in treatment. Tailoring services to fit the needs of the individual is an important part of effective drug abuse treatment for criminal justice populations. Drug use during treatment should be carefully monitored.
The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
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