Question

Which of the following statements is true about the Federal Sentencing Guidelines?

Multiple Choice

They are designed to establish consistent sentences for homicides only.

They require judges to arrive at a sentence by using a formula based on the seriousness and circumstances of the crime.

They specifically mandate lenient penalties and faster trials for corporations dealing with white-collar crimes.

They mandate a minimum one-month prison term for tax frauds.

Answer 1

The Federal Sentencing Guidelines are guidelines that judges consider when determining an appropriate sentence for someone who has been convicted of a federal crime. The Guidelines use a combination of the severity of the crime and a person’s criminal history to calculate a suggested sentencing range. They require judges to arrive at a sentence by using a formula based on the seriousness and circumstances of the crime.

In the past, federal judges were usually required to sentence a person somewhere within the range calculated by the Guidelines. Fortunately, over a decade ago, the Supreme Court held that the Guidelines are no longer mandatory. A federal judge now has the discretion to go below or above the guidelines if the judge thinks the guidelines are not reasonable in a particular case.