Federal Sentencing Guidelines were established in 1987 to provide predetermined guidelines for judges to enforce a sentence. They cover all Class A felonies and misdemeanors and are based on a table that combines the nature of the offense with the criminal history of the offender. Various circumstances can reduce or lengthen the sentence. A US Supreme Court ruling in 2005 limited the power of federal sentencing guidelines, allowing judges to impose a different sentence than that determined by the guidelines.
Federal Sentencing Guidelines are a method of guidelines used in the United States by which a judge can determine the punishment for a convicted felon. Established in 1987, the guidelines were intended to provide predetermined guidelines for judges to enforce a sentence, removing the power from parole boards to change the sentence. A graph is used that determines the sentence by combining the nature of the offense with the criminal history of the offender. Various circumstances can reduce or lengthen the sentence. A US Supreme Court ruling in 2005 limited the power of federal sentencing guidelines, allowing judges to impose a different sentence than that determined by the guidelines.
The current federal sentencing guidelines were established as US congressmen grew frustrated with what they perceived as inconsistencies in the sentencing rules at the time. In the previous format, a judge could impose a maximum or minimum time to serve a felon, but the actual length of the sentence depended on the decision of a parole board. When the new rules were adopted in 1987, judges gained the power to impose a specific sentence which identified the amount of time to be served.
The new federal sentencing guidelines cover all Class A felonies and misdemeanors. They are based on a table that contains 43 different levels of felony, based on the severity of the crime committed, and six different levels of criminal history. Combining the two levels on the graph results in a sentence.
Several variants are integrated into the system which could adjust the sentence levels depending on the circumstances of the offence. The basic offense level of an offense can be increased by special characteristics of the offence, for example, such as the extent of harm done or the use of a weapon, while the level can be lowered by the offender accepting the responsibility for his or her actions or if he or she was a minimal participant in the crime. Judges may also deviate from the guidelines based on elements of the offense that are not specifically covered by the original guidelines.
When the US Supreme Court ruled in a 2005 case that federal sentencing guidelines violated a defendant’s right to jury trial, as established by the Sixth Amendment to the US Constitution, the power of the guidelines was attenuated. The ruling held that judges should no longer regard guidelines as mandatory in determining the sentence. They can still be used in an advisory capacity, but the judge’s final sentencing decision may deviate from the guidelines and may be subject to review by appellate courts.
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