Topic > Sentencing Guidelines in the Criminal Justice System

The criminal justice system has been in place in the United States for centuries. The system has undergone many changes over the centuries. The need for a system of checks and balances has been a priority for just as long. Federal sentencing guidelines have been created to help create fair punishments among offenders. Judges are given the power to pass judgment and are not immune to opinions, prejudices and feelings. These guidelines are put in place to allow the judge to maintain their power but keep them within an equality control group. While there are many pros to sentencing guidelines, there are also many cons. Research has shown that sentencing guidelines have allowed power to shift from judges to prosecutors and have led to sentencing disparities based on gender, race, and class. There are differences between state and federal sentencing guidelines. The federal guidelines are very broad and complicated (Leonard-Kempf and Sample 2001 p.113). These guidelines have been modified several times over the last 25 years. According to Gazal-Ayal, Turjeman and Fishman (2013 p. 131) judges have historically had the burden and responsibility to sentence criminals as they see fit. Some judges have abused this responsibility leading to the creation of sentencing guidelines. The Sentencing Reform Act was passed in 1984 to establish strict guidelines on judge discretion during sentencing (Rehavi and Starr 2013 p. 11). The United States Sentencing Committee wanted to keep the judge's personal opinions and beliefs separate from the courtroom in order to create fair sentences. Creating sentencing guidelines keeps tabs on those involved in the sentencing process. These guidelines have… half of the document… 09.Richman, D. (2013). White-collar federal sentencing in the United States: A work in progress.Law & Contemporary Problems, 76(1), 53-73.Rozen, M. S. (2011). Abandoning the victim requirement: Clarifying the position of confidence building in federal sentencing. University Of Chicago Law Review, 78(4), 1543-1583.Siegfried, D. I. (2010). "On the basis" of the Guidelines? Applying retroactive sentencing modifications to binding plea agreements. University Of Chicago Law Review,77(4), 1801-1839.Starr, S.B., & Rehavi, M. (2013). Mandatory sentencing and racial disparity: Evaluating the role of prosecutors and the effects of Booker. Yale Law Journal, 123(1), 2-80. Steiker, C. S. (2013). Lessons from two failures: Cocaine and child pornography convictions under federal sentencing guidelines in the United States. Contemporary law and problems, 76(1), 27-52.