From JDSUPRA:
The federal sentencing landscape in the United States could undergo a significant transformation with recent amendments to update the United States Sentencing Guidelines that will go into effect on November 1, 2025, unless Congress takes action to disapprove the amendments. These changes, which include the removal of departures, mark a pivotal shift in how justice is administered in federal courts. This article explores the implications of these updates, their impact on the judicial system, and what they mean for defendants, attorneys, and the broader legal community.
Background on the Federal Sentencing Guidelines
The Federal Sentencing Guidelines were established in 1987 by the United States Sentencing Commission (“USSC”) to promote consistency and fairness in sentencing. These guidelines provide a framework for judges to determine appropriate sentences for federal offenses, taking into account factors such as the severity of the crime and the defendant's criminal history.
Historically, the guidelines allowed for "departures," which enabled judges to deviate from the prescribed sentencing range under certain circumstances. Departures were intended to provide flexibility in cases where the guidelines did not adequately account for unique factors. However, the use of departures has been a subject of debate, with critics arguing that they undermine the consistency and predictability of sentencing. Continue reading >>>
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