In Favor of "Presumptive Sentences" Set by a Sentencing Commission

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Abstract
The debate over "just deserts" as a sentencing principle continues in this country. A common criticism of that principle is that legislatures will set unreasonably high sentences. This problem might be avoided if the re sponsibility for setting sentence guidelines were confined to a separate body-that is, a sentencing commission. Removed from the immediate po litical furor and composed of various representatives of the criminal jus tice community, as well as lay members, the sentencing commission would both establish and revise sentencing guidelines for judges on the basis of continuing collection of data.

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