Fair and Certain Punishment Act of 1979

Summary

Fair and Certain Punishment Act of 1979 - Requires for certain Federal criminal offenses that a separate sentencing hearing be conducted to determine the sentence to be imposed. Specifies penalties for such crimes (graduated according to the severity of the offense) which the judge shall impose in the absence of mitigating or aggravating circumstances. Enumerates ten mitigating and ten aggravating factors to be considered at such hearing. Authorizes the sentencing judge to increase or decrease the presumptive term of imprisonment by 40 percent upon a determination that such factors exist. Entitles: (1) the United States (with respect to a sentence below such 40 percent range); and (2) the defendant (with respect to a sentence above such 40 percent range), to appeal such sentence to the appropriate Federal appellate court, but solely for the purpose of determining whether the sentence was determined in accordance with law. Allows the judge, upon a determination that extraordinary aggravating or mitigating circumstances exist, to: (1) increase the sentence up to specified maximum penalties; or (2) suspend the sentence. Requires the judge to increase the sentence by specified percentages if the defendant has prior convictions. Specifies the procedures for the separate sentencing hearing, including requirements that: (1) the Government establish the existence of aggravating factors beyond a reasonable doubt; and (2) the defendant establish the existence of mitigating circumstances by a preponderance of the evidence. Specifies good time allowances for prisoners sentenced under this Act.

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1 official file

• Introduced in Senate

  summary · EN · 23 May 1979

  Open at official source

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