§ 334. — Institutes and joint councils on sentencing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC334]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 15--CONFERENCES AND COUNCILS OF JUDGES
Sec. 334. Institutes and joint councils on sentencing
(a) In the interest of uniformity in sentencing procedures, there is
hereby authorized to be established under the auspices of the Judicial
Conference of the United States, institutes and joint councils on
sentencing. The Attorney General and/or the chief judge of each circuit
may at any time request, through the Director of the Administrative
Office of the United States Courts, the Judicial Conference to convene
such institutes and joint councils for the purpose of studying,
discussing, and formulating the objectives, policies, standards, and
criteria for sentencing those convicted of crimes and offenses in the
courts of the United States. The agenda of the institutes and joint
councils may include but shall not be limited to: (1) The development of
standards for the content and utilization of presentence reports; (2)
the establishment of factors to be used in selecting cases for special
study and observation in prescribed diagnostic clinics; (3) the
determination of the importance of psychiatric, emotional, sociological
and physiological factors involved in crime and their bearing upon
sentences; (4) the discussion of special sentencing problems in unusual
cases such as treason, violation of public trust, subversion, or
involving abnormal sex behavior, addiction to drugs or alcohol, and
mental or physical handicaps; (5) the formulation of sentencing
principles and criteria which will assist in promoting the equitable
administration of the criminal laws of the United States.
(b) After the Judicial Conference has approved the time, place,
participants, agenda, and other arrangements for such institutes and
joint councils, the chief judge of each circuit is authorized to invite
the attendance of district judges under conditions which he thinks
proper and which will not unduly delay the work of the courts.
(c) The Attorney General is authorized to select and direct the
attendance at such institutes and meetings of United States attorneys
and other officials of the Department of Justice and may invite the
participation of other interested Federal officers. He may also invite
specialists in sentencing methods, criminologists, psychiatrists,
penologists, and others to participate in the proceedings.
(d) The expenses of attendance of judges shall be paid from
applicable appropriations for the judiciary of the United States. The
expenses connected with the preparation of the plans and agenda for the
conference and for the travel and other expenses incident to the
attendance of officials and other participants invited by the Attorney
General shall be paid from applicable appropriations of the Department
of Justice.
(Added Pub. L. 85-752, Sec. 1, Aug. 25, 1958, 72 Stat. 845.)
Sentencing Procedures
Section 7 of Pub. L. 85-752 provided that: ``This Act [enacting this
section, sections 4208 and 4209 of Title 18, Crimes and Criminal
Procedure, and provisions set out as a note under section 4208 of Title
18] does not apply to any offense for which there is provided a
mandatory penalty.''
