Federal Criminal Justice System--More Prison, Less Probation.
Posted on Jan 19, 2016 6:11am PST
Since the advent of the Sentencing Reform Act of 1984, imprisonment has
been the dominant sanction in the federal criminal justice system. In
2014, 90% of defendants convicted of federal crimes went to prison whereas
50% went to the pokey in 1980. Federal courts sentenced 2,300 fewer offenders
to probation in 2014 than in 1980, even though their criminal caseload
nearly tripled during that time.
Changes in the kinds of offenses prosecuted in federal court have undoubtedly
contributed to the shift toward prison and away from probation. But, sentencing
policies established during the 1980s and 1990s have also played an important
role by mandating prison time for many offenses for which probation had
been ordered in the past.
During the 1980s and 1990s, lawmakers frequently enacted laws prohibiting
the imposition of terms of probation and requiring prison terms for many
federal crimes, including drug trafficking and illegal firearms possession.
To compound this, in 1984, Congress created the Sentencing Commission
and charged it with establishing guidelines that federal judges were required
to follow during sentencing. The guidelines, which were intended to promote
consistency in federal criminal penalties and took effect in November
1987, mandated imprisonment for a variety of offenses (fraud, embezzlement,
and tax evasion) for which probation was once a routine sanction.
http://www.pewtrusts.org/~/media/assets/2016/01/pspp_fs_moreprisonlessprobation_v1.pdf