Sentencing guidelines were introduced to ensure uniformity in sentences for similar offenses. They allow judges to determine appropriate punishment based on the offender’s criminal history and behavior. Guidelines include a range of prison time, ensuring the punishment fits the crime. Minimum sentences limit judges’ ability to consider all circumstances.
Sentencing guidelines were introduced as a way to enforce more uniform sentences for similar offences. With no general rules for judges to follow in determining the penalty to be imposed, there was the potential for considerable variation in the sentence. The defendant could be faced with the possibility of a harsher or more lenient sentence than the average, depending on the judge who heard their case.
These guidelines give the judge some leeway in determining what level of punishment is appropriate in each case. Criminal defense lawyers argue that when minimum sentences are part of sentencing guidelines, judges are unable to consider all the circumstances of the case with regards to appropriate punishment. Having guidelines on the maximum penalty gives the judiciary a framework to follow in determining what is appropriate in each case that comes before it.
Criminal sentencing guidelines are written so that judges take into account two factors when determining what is an appropriate sentence. One such factor is the offender’s previous criminal history, if any. The behavior of the defendant before, during and after the commission of the crime is also relevant. The conduct of the individual is used to determine the level of offense in the sentencing guideline table.
The defendant’s actions are used to determine a felony level for the crime in question. Previous criminal record, if any, is evaluated. Sentencing guidelines are contained in a written manual. When a judge needs to make a sentencing decision in a particular case, he looks up the combination of appropriate crime level and criminal record to see a suggested sentence.
The criminal sentencing guidelines also give judges the ability to impose a sentence of a specific length on the convicted individual. Otherwise, the judge could impose a sentence without a maximum limit, although it may involve a minimum number of years to serve. When the individual would be released would depend on a decision made by the parole board and would not necessarily reflect the seriousness of the crime committed.
For example, a person who has been convicted of a crime but has no criminal record will not be sentenced as severely as a person who commits a similar crime but has at least one prior conviction. Someone with a long criminal record who commits a relatively minor crime may receive a more severe sentence, depending on how well their prior history is included in criminal sentencing guidelines. Because the guidelines include a range of prison time, the judge has the tools he needs to choose a sentence that makes the punishment fit the crime.
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