Topic > Federal Sentencing Guidelines Considerations

Federal Sentencing Guidelines are standards that specify a stable sentencing strategy for individuals and organizations charged with felonies and serious misdemeanors in the United States federal court system. State courts handle sentences for their criminals, but if the crime is too serious, the case is taken to federal courts. Typically, federal courts issue a harsher sentence to a criminal defendant than state courts. Most federal judges follow federal sentencing guidelines, but state judges tend to use their own techniques to issue a sentence. But there's no telling whether federal sentencing guidelines can accurately sentence defendants because every criminal is different. It is not true that federal sentencing guidelines are perfect with respect to the criminal himself. The guidelines should not be limited to judging defendants solely on their crime and criminal record. Cooperatively focusing on the offender, not just the crime, will help federal sentencing guidelines immensely to accurately sentence criminals. Federal sentencing guidelines should consider the character of defendants as much as they reflect on the uniqueness of the crime and the defendant's history. The character of the defendant can reveal many things when considering the crime. If an offender appears guilty and remorseful, that can say a lot about how he or she feels about the crime. On the other hand, the defendant may seem unpleasant, apathetic, or indifferent. This could mean that they did not fully understand the severity of their crime, thus suggesting that they be admitted to a special rehabilitation center. Some defendants may be proud of themselves for committing the crime, unrepentant in paper...... middle of paper... have the ability to overlook guideline directions and have the authority to carry out a sentence up to and including the usual legal maximum. The legal maximum is usually higher than guideline recommendations. The scale is the choice made by the federal system. However, neither the United States Sentencing Commission nor Congress has made such a change. Instead it was the Supreme Court that changed the federal guidelines to this method. The Supreme Court interpreted the federal guidelines as effectively advisory to avoid having to rule the system as unconstitutional. Additionally, it has expanded many people's notion of what it means for a system to be consultative, as federal judges still have to think about how the guidelines and rulings they enforce are a matter for the appeals court to weigh anyway..