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Sentencing Guidelines and Mandatory Minimum Sentences

The federal government and some state governments have adopted sentencing guidelines. These guidelines can either be suggestions or mandatory rules in handing down sentences.

Goals of Sentencing Guidelines

The primary goals of sentencing guidelines according to (Lubitz and Ross, 2001) are “to reduce judicial disparity in sentencing, promote more uniform an consistent sentencing, project the amount of correction resources needed, prioritize and allocate correctional resources, increase punishments for certain categories of offenders and offenses, decrease punishments for certain categories of offenders and offenses, enable truth in sentencing, make the sentencing process more open and understandable, encourage the use of particular sanctions for particular categories of offenders, encourage increased use of non incarceration sanctions, reduce prison crowding, provider a rational basis for sentencing and increase judicial accountability.”

Arguments for the use of Sentencing Guidelines

Sentencing guidelines were put in place to increase the fairness of the judicial process. The guidelines protect against leniency and also against harsh sentences that may not fit the crime. The guidelines could protect against racism, & discrimination. They would also keep judges from handing down judgments that are designed to make a political statement about the law. Such an agenda might include the legalization of marijuana, or the promotion of faith-based values in family court.Objections to the use of Sentencing Guidelines

Judges do not favor sentencing guidelines. They believe such guidelines hinder their ability to sentence on a case-by-case basis where special circumstances might be involved. An example of this might be the attempted murder of an accused rapist or abuser out of fear.As a result of sentencing guidelines minorities have been receiving harsher sentences than before. This seems to contract the goal of sentencing guidelines. (Siegel & Senna, 2005) state “African American offenders are more likely than white offenders to have a prior record as a juveniles and therefore receive harsher sentences for the current crime.”

Conclusion

The establishment and use of sentencing guidelines and mandatory minimum sentences was established to ensure the judicial process is fair however, the guidelines have come into dispute because of the fact that minorities have been receiving harsher sentences than do whites. A reevaluation of the system may lead to the accomplishment of the goals originally set forth.

References

Siegel, Larry., Senna, Joseph. (2005). Introduction to Criminal Justice. Thomson Wadsworth.

Lubitz, Robin., Ross, Thomas.. (2001). Sentencing Guidelines: Reflections on the Future. National Institute of Justice.

APA Citation:
Smith, Nathan. M. (2005). Sentencing Guidelines and Mandatory Minimum Sentences.
Retrieved November 22, 2008, from http://www.computer-forensic-technician.com/wordpress/sentencing-guidelines-and-mandatory-minimum-sentences/.

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