Sentencing Commission Survey of Judges on Sentencing Issues

The Sentencing Commission issued a report titled: Results of Survey of United States District Judges January 2010 through March 2010 (June 2010).

These are the items that interested me on a quick look at the report:

Relevant Conduct (Question 5)

Percentages of judges agreeing that the following should be included in relevant conduct:

• Conduct that was charged in a count that was later dismissed? -- 31 %
• All reasonably foreseeable acts and omissions of others in furtherance of a jointly undertaken criminal activity? 79%
• Conduct that was charged in a count that was later dismissed? 31%
• Uncharged conduct that is presented at trial or admitted by the defendant in court? 77%
•Uncharged conduct referenced only in the presentence report? 32%
• Acquitted conduct? 16%

Standard of Proof in Sentencing Hearings (Question 6)

You should review the table in this question, but there seems to be clear support for a prependerance of the evidence standard for sentencing hearings, even for those findings that increase a sentence.  I think there is some argument that at least some of those findings require either a clear and convincing standard or even a beyond a reasonable doubt standard.  See Alan Ellis & Mark H. Allenbaugh, Standards of Proof at Sentencing, 24 Criminal Justice 62 (Fall 2009)

Departures (Question 14);

There is a high level of agreement (76%) that the departure provisions int the Guidelines Manual do not adequately reflect the reasons for the sentence outside the guideline range, with 65% finding the Guidelines policy statements too restrictive.

General Assessment of the Guidelines and Federal Sentencing (Question 17)

Only about one-third or less agreed with the following statements:

• Overall, the federal sentencing guidelines have reduced unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar conduct.
• Overall, the federal sentencing guidelines have increased certainty in meeting the purposes of sentencing.
• Overall, the federal sentencing guidelines have increased fairness in meeting the purposes of sentencing.

Purposes of Sentencing (Question 19)

Overwhelming support for advisory Guidelines.

Tax Crimes Sentencing Questions

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