United States Sentencing Commission

The United States Sentencing Commission is an independent body in the federal judiciary. It was created by Congress with the Sentencing Reform Act of 1984, which was part of the Comprehensive Crime Control Act of 1984, and the first sentencing guidelines were effective November 1, 1987.

According to an overview of the agency, its principal purposes are:

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(1) to establish sentencing policies and practices for the federal courts, including guidelines to be consulted regarding the appropriate form and severity of punishment for offenders convicted of federal crimes; (2) to advise and assist Congress and the executive branch in the development of effective and efficient crime policy; and (3) to collect, analyze, research, and distribute a broad array of information on federal crime and sentencing issues, serving as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public.

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Members

The commission is made up of seven voting members and the United States Attorney General, who serves as a non-voting member. Members are appointed by the President of the United States for six-year terms. At least three members must be federal judges, who are recommended by the Judicial Conference. At any one time, only four members on the commission may be part of the same political party.

In addition to the voting members of the Commission, over one hundred staff work on sentencing guidelines.

Offices of the Commission

The Commission is divided into five different offices, each headed by a Chair. The offices are: General Counsel, Education and Sentencing Practice, Research and Data, Legislative and Public Affairs, and Administration and Technology.

Federal sentencing guidelines

The Sentencing Commission is responsible for determining sentences for federal crimes. The main goal is to "provide federal judges with fair and consistent sentencing ranges to consult at sentencing."

The following aspects are taken into account at sentencing: the severity of the offense, which falls into one of forty-three levels; and the criminal history level, which ranks a defendant from one to six based on prior convictions or charges and how recently those occurred. These determining factors intersect on a table that lists potential ranges for sentencing.

Challenging guidelines

Federal sentencing guidelines have been challenged in the federal courts on several occasions. In 1989, the Supreme Court of the United States upheld the constitutionality of the Sentencing Commission and the use of federal guidelines in Mistretta v. United States. Again, in 2005, the Supreme Court upheld the guidelines and the existence of the Commission.

Critique of sentencing guidelines

The use of federal sentencing guidelines is a controversial practice. Major criticisms of guidelines are: solely identifying the crime and criminal history leads to unfair sentencing; alternative methods of punishment are not considered, leading to high levels of incarceration; and mandatory minimum sentences make some punishments too harsh.

Annual Reports

For the most recent annual report of the Sentencing Commission, visit: United States Sentencing Commission, Research and Statistics: Annual Report & Sourcebook.

See also

• Federal judiciary personnel

External links

• United States Sentencing Commission website
• United States Sentencing Commission, An Overview of the United States Sentencing Commission
• Federal Judicial Center, Judicial Administration and Organization: U.S. Sentencing Commission
• United States Courts, Press Release: "Judiciary Supports Reevaluation of Mandatory Minimum Sentences," September 18, 2013