Communicating Substance

Authors

Jelani Jefferson Exum, St. John's University School of LawFollow

Document Type

Article

Publication Title

Federal Sentencing Reporter

Publication Date

2011

Volume

23

First Page

261

DOI

https://doi.org/10.1525/fsr.2011.23.4.261

Abstract

(Excerpt)

Now that the Federal Sentencing Guidelines are advisory, the U.S. Sentencing Commission has more responsibility than ever to convince sentencing judges of the legitimacy of the Guidelines’ advice. During their mandatory period, the Guidelines enjoyed a captive set of followers—district judges who had limited choices for departing from the applicable Guidelines ranges, even when those judges were unhappy with the sentencing options before them. However, given the freedom that comes with the Guidelines’ current advisory form, sentencing judges are increasingly departing from the applicable Guidelines ranges. Although district judges still are required to calculate and consider the Sentencing Guidelines range, the Supreme Court has stressed that the Guidelines are but one of a host of sentencing factors set out in 18 U.S.C. section 3553(a) that judges are obligated to take into account when fashioning a reasonable sentence.

Comments

Federal Sentencing Reporter article link: https://online.ucpress.edu/fsr/article/23/4/261/43252

©2011 Vera Institute of Justice.