Jon M. Sands

Is There a Role for Rehabilitation in Sentencing

justice problems that the guidelines sought to solve. Rehabilitation is now being seen as a criminal justice solution. Comprehensive drug treatment programs have been shown to work. Recidivism for drug abusers who complete such programs is low, and the programs are cost-effective. It is cheaper to rehabilitate than to incarcerate, and both society and the individual can benefit. The Commission has an opportunity to move from a policy of despair and resignation over our ability to rehabilitate to one that offers help, not only to offenders but to society as a whole. The system that offers a chance at rehabilitation values the individual.

Overlooked Areas of Federal Sentencing: Federal Enclaves, Indian Country, Transfer of U.S. Prisoners From Abroad

m Wim drug and immigration offenses crowding / \ / \ Congressional federalization of large numbers of street crimes,n not much attention has / \ / \ been paid to sentences for offenses committed in geographic enclaves over which the federal / \ / \ government has traditionally exercised jurisdiction. These territories include Indian Country, / \ / \ federal parks, military installations, federal buildings, and other areas over which the federal ^mmk^ JeaHg^ government exercises exclusive (or, in limited cases, concurrent) jurisdiction. ^^BOp^^ ^^fmWf^ This FSR Issue is devoted to these often overlooked crimes and offenders. It discusses dflflHSfe some of the unique jurisdictional issues present in these cases, such as the determination of ^^KTHm^^ whether the area on which the crime was committed is in fact a federal enclave, focuses on the problems arising from the application of federal guidelines to ordinarily state-type offenses involving Native Americans and addresses the special topic of sentence calculations when American prisoners are transferred from other countries pursuant to treaties to serve foreign sentences in American prisons.

Cross References and Cross Purposes: Issues Arising in Plea Resolutions of Sexual Offenses under the Guidelines

Defenders, District of Arizona Sexual offenses are terrible crimes, accompanied by devastating physical, psychological and emotional injuries. The punishment should be, and is, severe. As the sentencing guidelines are now structured, actual, not charged, conduct determines the sex offenders sentence. Nowhere else in the guidelines does the offense conduct seek to capture actual conduct so comprehensively as in the context of sexual offenses. Cross references permeate the lesser sexual offenses, directing that higher offense conduct guidelines be used when evidence of greater misconduct exists. However, the difficulty in assessing punishment lies in determining what actually happened in these often emotionally wrenching and highly charged cases. The heavy reliance on actual conduct impacts plea resolutions, probation anoybr supervised release. In their strenuous effort to assure that the worst