What is the Committee doing to avoid further assaults on judicial discretion in sentencing?
First, we hope Congress will enact the JUDGES Act. Then, to avoid further assaults on judicial discretion, we are working to improve the gathering and reporting of sentencing data by the Sentencing Commission. In meeting with the GAO and in commenting on the GAO draft report, it became apparent that some courts were not using the standard criminal judgment form prepared by the Administrative Office and that many judges were not routinely explaining either their guideline determinations or their reasons for departures. The absence of this information can have a severe negative impact on the way our sentencing decisions are reported by the Sentencing Commission because without such information the Commission often cannot determine whether there has been a departure, and if so, the basis for that departure. Although five different documents are submitted to the Commission the presentence report, the statement of reasons, the judgment and conviction, any plea agreement, and the indictment
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- What is the Committee doing to avoid further assaults on judicial discretion in sentencing?
