Guideline Sentencing
Paper instructions:
This essay assignment deals with the strange life (and death?) of Federal Guideline Sentencing. To accurately address this topic you should briefly mention the relationship between Judicial Discretion in Sentencing and Sentencing Disparity (This discussion should not account for more than 75 words in your essay). You need to understand why the essence of the relationship is that Judicial Discretion in Sentencing leads to Sentencing Disparity; this is primarily the problem that guideline sentencing was intended to address. The essay question is:
Briefly describe “guideline sentencing” and explain the important developments in “guideline sentencing” that have occurred over the past two decades (do not discuss events prior to 1992), explaining WHY dramatic changes have been made by the U.S. Supreme Court in Federal Guideline Sentencing?
RESEARCH: There are many summaries of the law in this area available on-line. See, for example: http://www.fd.org/odstb_sentencingresource3.htm You can easily become overwhelmed by the huge amount of material on this subject. Be careful to stick to the essay question. Your case research should include:
Blakley v. Washington 542 U.S. 296 (2004)
U.S. v. Booker543 U.S. 220 (2005)
The U. S. Supreme Court has provided clarification about the changes it has brought about in:
Rita v. United States, 551 U.S. 338 (2007)
Gall v. United States, 552 U.S. 38 (2007)
NOTES:
-While the cases you refer to in your essay need to be described, DO NOT describe unnecessary facts. Your description of the facts should be accomplished in one or two sentences.
-There is one specific area that I do not want this essay to address. Until 2007, the Guidelines reflected a statutory scheme that made crack cocaine defendants subject to the same sentence as those defendants trafficking in 100 times more powder cocaine; thus, the sentences for crack cocaine offenses were three to over six times longer than those for offenses involving equivalent amounts of powder cocaine. This was an important issue but with a strict word limit for this essay you do not have room to get off on a tangent such as this. Do not discuss it in your essay.
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