The American Bar Association Criminal Justice Section has issued, "A Report on Behalf of The American Bar Association Criminal Justice Section Task Force on The Reform of Federal Sentencing for Economic Crimes." The report, in its final draft, is a new model to improve existing federal sentencing guidelines and assist federal district judges in imposing sentencing decisions involving a variety of economic crimes.
The final report was developed by a blue ribbon task force of law professors, federal district judges, a federal court of appeals judge, practicing attorneys, and observers from the Department of Justice and the Federal Public Defenders. The recommendations address the growing concern that reliance by judges on the current Federal Sentencing Guidelines for economic crimes resulted in sentences that were too harsh, especially in cases with high losses.
"Various judges have described the current guideline as being patently absurd on their face, a black stain on common sense, and of no help," said James E. Felman, reporter for the ABA Criminal Justice Section Task Force on the Reform of Federal Sentencing for Economic Crimes. "The guidelines routinely call for life without parole for first time non-violent offenders. In response, the Task Force drafted a better guideline and presented it to the U.S. Sentencing Commission."
The report cites specific case scenarios to help clarify the ways the task force proposal would improve the current guidelines.
Felman adds, "We hope the Commission will study our guideline carefully and we are gratified that in the interim some judges have found our guideline helpful."
The ABA Criminal Justice Section is the premiere source of knowledge and insight into the complex issues of criminal justice that face the nation. By bringing together the perspectives of prosecutors, defense lawyers, judges and scholars, the Section provides valuable and thoughtfully crafted products to its members, to the legal profession overall, and to the nation. The achievement of justice is the abiding purpose of the Section, and makes it the unified voice of criminal justice.
Published: Wed, Dec 10, 2014
