TY  - JOUR
PY  - 2002//
TI  - Past violence, future danger?: Rethinking diminished capacity departures under federal sentencing guidelines Section 5k2.13
JO  - Columbia law review
A1  - Subotnik, EE
SP  - 1340
EP  - 1372
VL  - 102
IS  - 5
N2  - Under section 5K2.13 of the Federal Sentencing Guidelines, a judge is permitted to reduce a defendant's sentence on the grounds of diminished capacity. Most courts construing this provision have ruled that defendants whose offenses involved violence or the threat of violence are ineligible for a reduction in sentence. This Note argues that such an interpretation, which makes past violence a proxy for predicting future dangerousness, is problematic. Medically or psychologically treated, defendants may no longer pose a danger to society. This Note urges that, in accordance with section 5K2.13's language and history, courts should focus more broadly on whether the facts underlying a defendant's offense, including his or her prospect for treatment or rehabilitation, indicate a need to protect the public. In addition, the Sentencing Commission should amend section 5K2.13 explicitly to direct the courts to address issues of public protection beyond a defendant's acts of violence.     <p>Language: en</p>
LA  - en
SN  - 0010-1958
UR  - http://dx.doi.org/
ID  - ref1
ER  -