The sentencing reform act of 1984: A bold approach to the unwarranted sentencing disparity problem

Conclusion In 1984, after years of study and thorough debate, a bipartisan majority of the Congress enacted perhaps the most far-reaching reform of the federal criminal justice system in the history of the United States. The Sentencing Reform Act and the federal sentencing guidelines are now beginning to produce data indicating that the objectives of avoiding unwarranted disparity and invidious discrimination are being achieved.After an uncertain beginning, the guidelines are gaining acceptance by courts and criminal justice practitioners. As one appellate court observed in admonishing lower courts that the guidelines must be respected:We have embarked on a new course. Only time will tell whether the use of the guidelines will result in an improvement over the old system. But unless we follow the spirit and written directions of the guidelines, we will never know if they have been given a fair test. They at least deserve that.Indeed, the bold new approach to sentencing that is being followed today in federal courthouses throughout the United States deserves an opportunity to succeed, given its many beneficial features and the lofty goals toward which the reforms are directed. While ample work remains for the United States Sentencing Commission to monitor and improve the guidelines, indications at this still early date are that the experiment is succeeding.An earlier version of this paper was presented at the fifth conference of the Society for the Reform of Criminal Law, Parliament House, Edinburgh, Scotland, August 5–9, 1990. The views expressed herein are those of the authors and do not necessarily represent the official position of the United States Sentencing Commission.B.A., Davidson College 1964; J.D., University of South Carolina School of Law 1967.B.A., Ohio State University 1974; M.S., Arizona State University 1980; M.A., University of California, Santa Barbara, 1983.B.S., Clemson University 1971; M.S., Clemson University 1975; J.D., University of South Carolina School of Law 1978.     

Federalism and the Management of External Relations in Nigeria: Lessons from the Past and Challenges for the Future

Despite successive military regimes, state and local governmentsin Nigeria have been able to engage in limited forms of foreignaffairs activity. both directly abroad and indirectly throughinstitutions of the national government. The trend since independencehas been to make foreign affairs an exclusive responsibilityof the federal government. Generally, though, the military regimeshave been better able than the civilian governments to limitconstituent diplomacy. Under the Third Republic, therefore,state and local governments are likely to assert themselvessomewhat more in foreign affairs than they have recently.     

Corruption in public policy and its impact on development: The case of Uganda since 1979

This paper argues that corruption is a product of self-aggrandizement; of unrealistically low remuneration which makes it impossible for public servants to live within their legitimate means; and of a closed political system which inevitably tends to exclude aggregated interests'. Corruption leads to loss of much needed revenue and human talent for development, distorts priorities for public policy, and shifts scarce resources away from the public interest. The mutual distrust that results among the different sections of society, and the growth of despondency in the general public, are incompatible with the requirements for successful public policy. The main theme running through the paper is that political instability, corruption and underdevelopment are mutually reinforcing. The paper finally outlines certain measures that need to be taken in order to clear the path for sustained growth and development.     

Fatal accidents on glaciers: forensic, criminological, and glaciological conclusions

The rare event of a corpse immersed in glacier ice becoming exposed on a glacier surface is closely connected with the glaciological conditions at the scene and the site of the accident. Provided that the time since death is known, certain questions relative to the circumstances of a mountain accident can only be answered by considering glaciological aspects. How the scene of an accident can be reconstructed by inference from the site of discovery is discussed by means of three exemplary cases that occurred on Tyrolean glaciers (Austria) during the past 40 years: (1) Two corpses were discovered close above the equilibrium line in the accumulation area after 25 years. The two victims had fallen down a rock face after the breaking off of a cornice and had come to rest in the uppermost part of the accumulation area. (2) A victim was discovered in the lower ablation area 8 years after falling down a crevasse in the middle part of the ablation area. (3) A female alpinist was discovered at the very end of the glacier after 29 years; it was concluded that the accident must have happened in the accumulation area.