Date of publication: 2017-09-03 16:27
An overview of the structure of Chapter Two opens the paper, followed by a brief discussion of its historical development, a look at its current operation, and options for refinement.
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Option 8: Compress quantity tables for most frequently litigated Chapter Two guidelines (drugs and loss-related offenses). Currently, loss tables have dollar amounts corresponding to one-level increments and the drug table has quantity amounts corresponding to two-level increments. Consider options for compressing these tables that would have, in the case of loss, at least two-level increments, and for drugs, increments of three or more levels. Broader ranges within the drug and loss tables may result in less fact finding for the court because debate over a specified amount may prove to be irrelevant if the quantity amount remains within these broader bands.
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Weapon adjustments are included in ten offense guidelines. See , , , , , , , , , and . These ten guidelines provide for varying types of enhancements:
The draft strategy, options, foundations and establishment papers, and technical reports that were drawn upon in the development of the strategy are available to view in the Infrastructure Victoria document library.
Why 98 levels rather than 65 or 75 levels? The answer results from the Commission's decisions: 6) to have overlapping ranges 7) constraints of the statute ( ., the 75% rule and a decision to have ranges as wide as statutorily permitted) and 8) mathematics.
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66 of the 656 offense guidelines account for 85 percent of the Chapter Two issues appealed (primarily , the drug trafficking guideline (calculation of drug quantity), , the fraud guidelines (amount of loss) and and , the firearms and robbery guidelines (weapon issues)
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The original Commission devised its 98-level offense seriousness ranking so that most ranges on the sentencing table would overlap at the midpoint of the preceding range. The Commission hoped that overlapping ranges would discourage litigation by reducing the incentive for the parties to argue about minor factual issues that would result in no substantive difference in the sentence. After adding a few levels at the lower end of the table for alternative or non-incarcerative sentences, and a few levels at the top to accommodate life imprisonment, the fewest number of gradations possible mathematically that would overlap at the midpoint was 98. This and other sentencing table-related topics will be explored in greater detail in upcoming papers.
two guidelines provide a 8-level enhancement if a dangerous weapon was brandished, displayed, or possessed a 9-level enhancement if a dangerous weapon was otherwise used a 5-level enhancement if a firearm was brandished, displayed, or possessed a 6-level enhancement if a firearm was otherwise used and a 7-level enhancement if a firearm was discharged.
five guidelines Inconsistent standards exist for applying the weapon possession enhancement to defendants sentenced under different guidelines. For example, under and related guidelines the 7-level enhancement applies "if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense." Under , the 8-level possession enhancement is applicable if the "dangerous weapon was. possessed" under the standards of relevant conduct. provide a 7-level enhancement if a dangerous weapon or firearm was possessed, while a fifth provides a 8-level enhancement for the same characteristic