Federal Sentencing Guidelines - Explained
What are the Federal Sentencing Guidelines?
Written by Jason Gordon
Updated at April 2nd, 2023
- Marketing, Advertising, Sales & PR
- Accounting, Taxation, and Reporting
- Professionalism & Career Development
-
Law, Transactions, & Risk Management
Government, Legal System, Administrative Law, & Constitutional Law Legal Disputes - Civil & Criminal Law Agency Law HR, Employment, Labor, & Discrimination Business Entities, Corporate Governance & Ownership Business Transactions, Antitrust, & Securities Law Real Estate, Personal, & Intellectual Property Commercial Law: Contract, Payments, Security Interests, & Bankruptcy Consumer Protection Insurance & Risk Management Immigration Law Environmental Protection Law Inheritance, Estates, and Trusts
- Business Management & Operations
- Economics, Finance, & Analytics
- Courses
What are the Federal Sentencing Guidelines?
In 1980, a federal sentencing commission developed sentencing guidelines for federal crimes. Initially they were mandatory for federal courts, but later became discretionary. The federal guidelines are still very influential in the sentencing process. Some states have model guidelines for use in state-law, criminal cases.
Note: Business entities are subject to punishment under the federal sentencing guidelines as well.
Next Article: 4th Amendment - Search & Seizure Back to: CRIMINAL LAW
Discussion Question
Do you believe courts should employ standard sentencing guidelines? Why or why not?
- Many would argue that having mandatory sentencing guidelines removed the necessary level of judicial autonomy necessary to carry out justice. Others would argue that the guidelines result in the miscarriage of justice through the imposition of harsh punishment in cases that may not warrant such treatment.
Practice Question
Tommy is convicted under a federal money-laundering statute. He is awaiting sentencing. What role does the Federal Sentencing Guidelines play in the court sentencing Tommy for his illegal conduct?
- Sentencing for all serious federal non-capital crimes begins with the Federal Sentencing Guidelines. The Guidelines process involves:
- Identification of the most appropriate Guidelines Section for the crime (s) of conviction, based on the nature of the offense (the most commonly applicable are noted in the Guidelines Index).
- Identification of the applicable base offense level indicated by the section.
- Addition/subtraction of offense levels per section instructions for the circumstances in the case at hand.
- Addition/subtraction of offense levels per instructions in those chapters of the Guidelines relating to issues such as role played.
- Calculations of the criminal history score.
- Consideration of departures
- Application Guidelines instructions relating to imprisonment, probation, supervised release, special assessments.
Related Topics
- Criminal Law (Intro)
- What is Criminal Law?
- What are the elements of a crime?
- Classifications of crimes Misdemeanor vs Felony Criminal Charges?
- What is the process of bringing criminal charges?
- Cease and Desist Order
- What is the process for executing an arrest?
- What are the exceptions to reading Miranda Rights?
- What is the process for initiating criminal charges?
- Prima Facie
- What is the Arraignment and Initial Appearance
- Investigation - Subpoena
- Common Defenses to Criminal Conduct
- Ex. Castle Doctrine
- Types of Punishment for Criminal Activity
- Theories Behind Criminal Punishment
- Federal Sentencing Guidelines
- What are the 4th Amendment protections against Search and Seizure?
- What are the 5th Amendment criminal law protections?
- What are the 6th Amendment criminal law protections?
- What are the 8th Amendment criminal law protections?
- Crimes Against the Property of Others
- Activity Constituting Fraud
- Good Faith as a Defense to Fraud
- Common Types of Business Fraud
- False Statement as a Criminal Charge
- Conspiracy as a Criminal Charge
- Obstruction of Justice as a Criminal Charge
- Aiding and Abetting or Conspiracy to a Crime