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Substantial Assistance: An Empirical Yardstick Gauging Equity in Current Federal Policy and Practice
Publication year:
1998
| Cataloged on:
Oct. 31, 2006
ANNOTATION: The 1986 Anti-Drug Abuse Act allows courts to depart downward from the sentencing guidelines covered by the 1984 Sentencing Reform Act (SRA) if a defendant has provided substantial assistance in the investigation or prosecution of another person who has committed an offense. Research concerning the parity of departures covered by the Sentencing Commission's guideline policy statement 5K1.1 are addressed within this document. Data analysis discovered no direct correlations between type of cooperation provided, type of benefit or result received by the government, the making of a 5K1.1 motion, and the extent of substantial assistance departure given. In fact, principles of equity are not being consistently administered.