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The safety valve is a provision in the Sentencing Reform Act and the United States Federal Sentencing Guidelines that authorizes a sentence below the statutory minimum for certain nonviolent, non-managerial drug offenders with little or no criminal history.
The federal sentencing statute, 18 U.S.C. 3553, contains a provision known as a "safety valve". The safety valve, located at § 3553(f), requires the trial courts to sentence qualifying defendants according to the Federal Sentencing Guidelines, regardless of any statutory minimum sentences. Criteria for qualification are listed in § 3553(f)(1 ...
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 ...
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 bills were worked on to merge the language of the Smarter Sentencing Act (H.R. 3382/S. 1410) and the Justice Safety Valve Act (H.R. 1695/S. 619) along with a new bill, S. 1783 the Federal Prison Reform Act of 2013, introduced by John Cornyn (R-TX). In October, 2013, both bills were still in committee. [2]
Mandatory sentencing requires that people convicted of crimes serve a predefined term of imprisonment, commonly serious or violent offenses, removing the discretion of judges to take issues such as extenuating circumstances into consideration when sentencing. Research shows the discretion of sentencing is instead shifted to prosecutors.
A safety valve is a mechanism for the release of a substance from a pressurized vessel when the pressure or temperature exceeds preset limits. Safety valve may also refer to: Safety valve (law), a provision in the United States Federal Sentencing Guidelines; Safety valve theory, relating unemployment and the Homestead Act of 1862
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.