Fair and Certain Punishment Act

Summary

Fair and Certain Punishment Act - Establishes specified sentencing procedures and specified mandatory sentences for anyone convicted of homocide, assault, kidnapping, rape, Congressional or Presidential assault, assassination, or kidnapping, robbery and burglary, interference with or conversion of specified government property, offenses related to the transportation, sale, and handling of animals for research purposes, and offenses related to the sale and inspection of meat, poultry, and egg products. Requires the judge who presided at the trial of such an offender to conduct a separate sentencing hearing to determine the sentence to be imposed. Directs that such hearing include consideration of specified mitigating and aggravating factors. Specifies the effect on the sentence to be given upon determination of the existence or nonexistence of such factors. Entitles defendants sentenced under this Act, within 60 days following sentence, to appeal to a United States court of appeals for review solely to determine if the sentence was imposed in accordance with law. Requires judges, where sentences have been increased or decreased due to mitigating or aggravating factors, to include in their decisions detailed accounts of their reasons for imposing such sentences. Directs judges, if defendants to be sentenced under this Act have one or more prior felony convictions, to increase their sentences as specified. Establishes procedures for the sentencing hearing required by this Act. Entitles prisoners sentenced under these provisions to specified reductions of sentence for good behavior. (Adds 18 U.S.C. 3581-2)

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 10 August 1976

   Introduced

   Introduced in Senate

   Source: IntroReferral

2. 10 August 1976

   Introduced

   Referred to Senate Committee on the Judiciary.

   Source: IntroReferral

Votes

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Versions

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Documents

1 official file

• Introduced in Senate

  summary · EN · 10 August 1976

  Open at official source

Sponsors

• Sen. Bentsen, Lloyd M. [D-TX] · D · Sponsor
• · ssju00 · Standing

Related records

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