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November 2, 2016

Advisory Nevada commission advises the creation of a sentencing commission to create advisory sentencing guidelines

This new local article, headlined "Panel calls for commission to set Nevada sentencing guidelines for criminal offenses," reports on a recommendation by one commission to create another commission to make sentencing recommendations. Here is how the article begins:

A criminal justice advisory panel agreed Tuesday to recommend that state lawmakers establish a special commission to set statewide sentencing guidelines for crimes.  Creation of a sentencing commission, which would work to bring consistency to sentencing practices statewide, was one of several recommendations of the Advisory Commission on the Administration of Justice for consideration by the 2017 Nevada Legislature.

The commission, led by state Supreme Court Justice James Hardesty, has met numerous times since the last legislative session to scrutinize Nevada’s criminal justice system and recommend reforms.  Hardesty envisioned a sentencing commission modeled after one adopted in Connecticut that considers a crime’s severity and a defendant’s criminal history.  Judges could deviate from recommended sentencing guidelines but would have to explain their reasoning, which would be subject to possible appellate review.

He said it would make the criminal justice system fairer and reduce racial disparity. “This is something that we can do now,” Hardesty said. “This is something the Legislature can do now.”

He noted a previous study that showed a wide gap in sentences around the state. Some judges, he said, sentenced defendants to prison 30 percent of the time and other defendants more than 60 percent of the time for similar crimes.

November 2, 2016 at 05:50 PM | Permalink

Comments

After the experience with the federal sentencing guidelines, I have no idea why anyone would think this is a good idea. At least the feds could cite to a "need" for uniformity among sentences for courts sitting all over the place, a spurious need, imo, that has not been effectively served by the Guidelines.

Posted by: Fat Bastard | Nov 2, 2016 9:37:23 PM

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