Topic > Federal Guidelines Sentencing - 691

Over the past two decades, major developments in federal guideline sentencing have occurred due to judicial discretion and sentencing disparities that have led to dramatic changes by the Supreme Court of United States in federal guidelines sentences. Prior to the implementation of the sentencing guidelines, judges had total judicial discretion in determining the length of sentences, leading to wide fluctuation in sentences for offenders convicted of similar crimes due to the judge considering all information on the sentence. offender during sentencing. There was great disparity among the judges; some were lenient while others were more severe: this inconsistency led to sentencing disparity between judges. In response to concerns that judges were introducing unnecessary disparities in sentencing, mandatory federal sentencing guidelines were established to create a uniform policy containing a fair and consistent sentencing range for convicted federal defendants regardless of race, sex, or class . Congress passed the Sentencing Reform Act which led to federal sentencing guidelines. It is a guide for judges to consult when sentencing; it is based on both the severity of the crime, the characteristics of the offender, and criminal records (past and current criminal records). Federal guidelines ensured that a judge imposed a sentence outside the guidelines but within the minimum and maximum range or if he incorrectly applied the guideline sentence was warranted an appellate review (Carbines and Stith, 1999). According to the United State Sentencing Commission, a court may depart from the sentencing guidelines if there are circumstances that are not adequately considered by the Commission in formulating the guidelines 18 USC § 3553 (B). This departure policy was adopted due to the inability of...... half of paper......United State Sentencing Commission. (2011). Chapter 1 Introduction, authorities and general principles of application. Federal Sentencing Guidelines Manual. Retrieved from http://www.ussc.gov/guidelines-manual/2011/2011 Findlaw for Legal Professionals. (2014). Blakley vs. Washington. Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=542&page=296 Findlaw for legal professionals. (2014). Gall v. United States. Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=552&page=38 Findlaw for Legal Professionals. (2014). Rita v. United States. Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=551&page=338 Findlaw for Legal Professionals. (2014). United States vs. Booker. Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=543&page=220