Structured Sentencing & Federal Sentencing Guidelines
What are the three fundamental principles of structured sentencing?
The three principles are proportionality, equity, and social debt.
What is the Federal sentencing guidelines?
A specified sentencing range from which a judge has to choose.
What do 90% of all federal sentences result in?
Guilty pleas
What year did the U.S. Supreme Court in the case of Apprendi v. New Jersey take place.
2000
Where was the three strikes law created?
Washington State.
What does proportionality mean in structured sentencing?
Proportionality means the punishment should match how serious the crime is. The more serious the crime, the more serious the punishment.
When can Judges depart from the guidelines?
When there are aggravating or mitigating circumstances.
True or False: Are defendants able to hide the actual nature of the offense behind a substantial plea.
False
What did the Court allow the case to be classified as?
Hate crime
What is the minimum time sentence to prison for three strike laws in California?
25 years.
What does equity mean in sentencing?
Equity means similar crimes should receive similar punishments, no matter the person's race,wealth, or background.
What can Mitigating factors do?
Can reduce sentences including showing remorse, cooperating with authorities or making restitution to victims.
What did the Commission require in order for Plea Bargaining to continue?
The agreement must be fully disclosed in the record of the court ( unless there is an overriding and demonstrable reason why it should not be) and detail the actual conduct of the offense.
What did the Court question in the U.S. Supreme Court case of Apprendi v. New Jersey?
The fact-finding authority of judges in making sentencing decisions, ruling that other than the fact of a prior conviction, increases the penalty for a crime beyond the prescribed statutory maximum is in effect, and an element of the crime, which must be submitted to a jury and proved a beyond a reasonable doubt.
What did the study report on the results of three strike laws in California?
Has increased the number of severity of sentences for nonviolent offenders… had had no significant effect on the state’s decline in crime.
Why was the U.S. Sentencing Commission created in 1984?
It was created to make federal punishments more fair and to create sentencing rules for judges to follow.
What Aggravating factors increase sentences?
Using a weapon, having major role in the crime, serious harm, criminal history.
Who offered crucial critiques of aggravating factors and their use in presumptive sentencing schemes?
U.S. Supreme Court in 2000 in the case of Apprendi v. New Jersey.
What did a hate crime require for in the case?
Required a longer prison term under the sentencing enhancement provision of New Jersey hate crime statute.
What is mandatory sentencing?
Enumerated punishments for specific offenses or for habitual offenders convicted of a series of crimes.
How do federal sentencing guidelines help judges decide punishments?
Judges use a chart system that looks at how serious the crime is and whether the person has broken the law before. These rules also limit how much freedom judges have so punishments are more equal.
What can prior convictions and prison time do?
Add points which place offenders into criminal history categories and higher categories means higher sentences.
In the U.S. Supreme Court case of Apprendi v. New Jersey, what did Charles Apprendi plead to?
Pleaded guilty to unlawful possession of a firearm which he used against a African American family living in his neighborhood because he wanted to frighten and make them leave.
What did the Supreme Court do after the judge's finding and sentence?
Overturned it and took issue with the fact that after Apprendi pleaded.
Whats the purpose of mandatory sentencing?
To incapacitate convicted criminals through long-term incarceration.