The Federal Sentencing Guidelines are standards that specify a stable sentencing strategy for persons and associations charged with felonies and severe misdemeanors in the United States federal courts system. The states courts handle the sentencing for their criminals, but if the crime is too serious, the case is brought to the Federal Courts. Usually, the federal courts give a tougher sentence to a criminal defendant than the states court. Most federal judges follow the Federal Sentencing Guidelines, but the state judges tend to use their own techniques to give a sentence. But there is no telling if the Federal Sentencing Guidelines can accurately sentence defendants because every criminal is different. It is not true that the Federal Sentencing Guidelines are perfect in respect to the criminal his or herself. The guidelines should not just judge defendants solely on their crime and their criminal record. Focusing cooperatively on the offender, not just the crime will immensely help the Federal Sentencing Guidelines to precisely sentence criminals. The Federal Sentencing Guidelines ought to consider the defendants’ character as much as they reflect on the uniqueness of the offense and the history of the defendant.
The character of the defendant can reveal many things when considering the offense. If an offender seems guilty and regretful, that can say a lot about how he or she feels about the crime. On the other hand, the defendant may seem unsympathetic, apathetic, or indifferent. This could signify that they did not fully understand the severity of their offense, therefore suggesting they be put into a special rehabilitation center. Some defendants can be proud of themselves for committing the crime, not regretful in the sli...
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...e has the capability to overlook the guidelines’ guidance and has the authority to enforce a sentence up to and including the customary statutory maximum. The statutory maximum is usually higher than the recommendations from the guidelines. The ladder is the choice that the federal system made. Still, neither the United States Sentencing Commission nor Congress created that modification. Instead, it was the Supreme Court that altered the federal guidelines in this method. The Supreme Court interpreted the federal guidelines as efficiently advisory so as to evade the requirement to afflict the system as unconstitutional. Moreover, it expanded a lot of people’s notion of what it means for a system to be advisory, as federal judges still have to think about how the guidelines and the sentences they enforce are nevertheless an issue to the court of appeals to evaluate.
The Canadian justice system is organized into the police, courts and prisons (Goff, 2013, p.295). When a crime is committed it is up to the justice system to insure that justice is served.
In June 2014, Justin Bourque was charged with three counts of first-degree murder and two counts of attempted murder after shooting three RCMP officers and wounding two others in Moncton, New Brunswick (Chronicle Herald 2014). He was subsequently convicted and sentenced to life in prison with no chance of parole for seventy-five years (Chronicle Herald 2014). Bourque’s sentence is unprecedented and is the longest sentence in Canadian history (Chronicle Herald 2014). A Canadian judge has not given a harsh a punishment since the final executions in 1962 (Chronicle Herald 2014).
The senseless and irrational analysis behind these mandatory minimum sentencing laws that left judges with no choice but to hand out deva...
For a majority of the 20th century, sentencing policies had a minimal effect on social inequality (Western and Pettit 2002). In the early 1970s, this began to change when stricter sentencing policies were enacted (Western and Pettit 2002). Sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three-strikes laws were enacted with the purpose of achieving greater consistency, certainty, and severity in sentencing (National Research Council 2014). Numerous inequalities involving race, ethnicity, gender, and socioeconomic status have generated an unprecedented rate of incarceration in America, especially among minority populations (Western and Pettit 2010). With numerous social inequalities currently
The criminal justice system has been in place the United States for centuries. The system has endured many changes throughout the ages. The need for a checks and balances system has been a priority for just as long. Federal sentencing guidelines were created to help create equal punishments among offenders. Judges are given the power of sentencing and they are not immune to opinions, bias, and feelings. These guidelines are set in place to allow the judge to keep their power but keep them within a control group of equality. Although there are a lot of pros to sentencing guidelines there are also a lot of cons. Research has shown that sentencing guidelines have allowed the power to shift from judges to prosecutors and led to sentencing disparity based on sex, race, and social class.
“The Federal Sentencing Guidelines Manual states that one of the three objectives Congress sought to achieve in enacting the Sentencing Reform Act of 1984 was “reasonable uniformity” in sentencing by narrowing the wide disparity in sentences imposed for similar criminal offenses committed by similar offenders (Spohn, 2013).”
Sentencing disparity refers to the differences in sentences that are passed down in the same instances. This can happen on a variety of fronts. It can occur with judges, in different states, states v. federal, different prosecutors, among different victims, etc. (Criminal – Sentencing…2017 p.4) A more specific definition from USLegal.com states that, “Sentence disparity refers to an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use of discretion in the application of the law.”. There are a variety of ways that sentencing disparity affects the justice system. There are three factors that disparity looms around; they are gender disparity, racial disparity, and age disparity. (4
Sentencing is the process by which people who have been found guilty of offending against the criminal law have sanctions imposed upon them in accordance with that particular law. The sentence of the court is the most visible aspect of the criminal justice system’s response to a guilty offender. In Tasmania, the Sentencing Act 1997 was enacted to amend and consolidate the law relating to the sentencing of offenders. The crime rate in Tasmania is lower than it was 10 years ago but higher than it was 20 years ago. In the Australian context, Tasmania is below the national average of recorded crimes for the crimes of robbery, burglary and motor vehicle theft.
To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...
Mandatory minimum sentencing is the practice of requiring a predetermined prison sentence for certain crimes. The most notable mandatory minimums are the ones implemented in the 70’s and 80’s, hoping to combat the rising drug problem. Mandatory minimum sentencing has existed in the United States nearly since its very birth, with the first mandatory minimums being put into place around 1790. Recently, as the marijuana laws of many states have scaled back in severity, the issue of mandatory minimums has caused controversy in the US. There are two distinct sides to the argument surrounding mandatory minimum sentencing.
The Judiciary Branch of the United States government is responsible for interpreting the law. Those involved with this branch determine the meaning of the laws and decide what to do with those who break them. Because of a drug movement that took place through the 1980s, the courts have severely punished those who break laws associated to drugs; Congress is now trying to step in to change the way the Judiciary Branch is forced to punish such criminals. Congress has been busy the past couple of years evaluating the proper sentencing of those convicted of drug crimes. Many men and women of Congress are joining forces in an attempt to come up with a solution to propose as an amendment. Our elected leaders believe the need for the reform of drug crimes is due because of the number of cases and number of years those convicted are spending in prisons. Because of the drug wars that took place in the United States, the minimum sentence has been set so high today. Drug reform is needed in the United States, and those convicted of drug crimes with improper sentences need to have their sentence reduced. 1
Sentencing models are plans or strategies developed for imposing punishment for crimes committed. During the 19th century these punishments were normally probation, fines and flat sentences. When someone was given a flat sentence, he or she had to serve the entire sentence without parole or early release. However, by the end of the 19th century the new models were developed. These new models include indeterminate, determinate, advisory/voluntary guidelines, presumptive and mandatory minimum sentencing (Schmalleger & Smykla, 2011).
The proliferation of harsh mandatory sentencing policies has inhibited the ability of courts to sentence offenders in a way that permits a more "problem solving" approach to crime, as we can see in the most recent community policing and drug court movements today. By eliminating any consideration of the factors contributing to crime and a range of responses, such sentencing policies fail to provide justice for all. Given the cutbacks in prison programming and rates of recidivism, in some cases over 60% or more, the increased use of incarceration in many respects represents a commitment to policies that are both ineffective and unfair. I believe in equal, fair and measured punishment for all. I don't advocate a soft, or a hard approach to punishment. But we must take a more pragmatic look at what the consequences of our actions are when we close our e...
The sentencing process is created by some of the legislative parties, who use their control to decide on the type of criminal punishment. The sentencing guidelines for the judges to go by can be different depending on the jurisdiction and can include different sentencing requirements such as “diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty” (Siegel & Bartollas, 2011, p. 40). In some jurisdictions, the death penalty is not included as one of the punishments. Being sentenced is step one of the correction process and is in place to discourage repeat offenders (Siegel & Bartollas, 2011, p. 40). Depending on the crime committed, the offender can be sentenced to a consecutive sentence or a concurrent sentence.
A judge has the ability to choose to alter their decision for sentencing based on their respective state’s truth in sentencing program. Depending on the crime and the offender, a judge may decide to mandate the offender to a longer than average sentence. The judge may change the offender’s base sentence. It may be reduced to match a sentence that is similar to a non-truth in sentencing punishment. He or she knows the offender will only serve about eighty-five percent of the sentence before they are eligible for parole or released. By minimizing the sentence, the eighty-five percent served would resemble a sentence that allowed for early release (Chen, 2001, page ii). However, the judge may form a bias of the individual and use this power to order them to a greater amount of time in order to punish the person. An individual who commits a crime, especially a violent crime, would serve almost double the average sentence served (Ditton and Wilson, 1999, pages 7-8). It would also force individuals, who commit less severe crimes to serve longer sentences since they are serving the majority of their sentence. A bias of the offender, which can be based on any extralegal factor, may lead to an injustice sentence and truth in sentencing would not allow them to be released early. There are also innocent people within the criminal justice system that may be falsely convicted.