Federal Sentencing Guidelines

Federal Sentencing Guidelines Paper Student's Name Institution Course # and Name Professor's Name Submission Date As a Federal Public Defender’s Office investigator, I am helping Assistant Federal Defender Lilly Jones collect background information concerning Ben Smith, an offender. The offender had recently pleaded guilty to distributing a controlled substance (five kilograms of cocaine). This paper establishes the rationale for developing the Federal Sentencing Guidelines and their purpose, who creates the guidelines, and the factors the court would consider before sentencing Mr. Smith. I will also establish how the aforementioned guidelines empower judges to exercise discretion when making sentences in such a case and the degree to which judges have discretion in overall sentencing practice. The paper's final part incorporates three vital arguments for Ms. Jones before the judge at Smith’s sentencing. Why were the Federal Sentencing Guidelines Developed, and What is their Purpose? The federal sentencing guidelines were created to address sentencing inequalities across jurisdictions and judges. Before their introduction, punishments for similar acts varied widely, creating perceived inequities and anomalies in the federal criminal justice system. The recommendations aim to ensure that offenders receive similar sentences for similar crimes. The guidelines also aim to make sentencing decisions transparent for defendants, counsel, and the public (United States Sentencing Commission, 2018). Who Created the Federal Sentencing Guidelines? The independent United States Sentencing Commission (USSC), enacted in 1984 by Congress under the Sentencing Reform Act, created the Federal Sentencing Guidelines (Frase, 2019; United States Sentencing Commission, n.d.). The USSC has seven judges, attorneys, and criminal justice professionals appointed by the President and confirmed by the Senate. The commission develops and reviews sentencing guidelines, collects data on federal sentencing practices, and trains judges, attorneys, and other criminal justice stakeholders (United States Sentencing Commission, n.d.). What factors will a court take into consideration when sentencing Mr. Smith? The federal sentencing standards will be considered when making the sentencing decision concerning Mr. Smith’s offense of distributing 5 kilos of cocaine. These entail the degree to which the offense can be deemed serious, the offender's history of engaging in criminal behavior or conduct, the quantity and type of drugs in question, any mitigating or aggravating circumstances, the defend...