Why were the federal sentencing guidelines enacted by congress in the 1980’s?
Congress wanted to ensure that tougher, more uniform sentences were being handed down across the country to prevent widely varying prison terms for similar crimes. 3. Why did the Supreme Court change the sentencing guidelines from “mandatory” to an “advisory?” • The guidelines allowed judges to extend prison terms based upon factors that were not presented to the jury or admitted by the defendant. In the Supreme Court’s opinion, this is in violation of the Sixth Amendment because an impartial jury was not deciding the case. • Mandatory sentences were viewed as too harsh in some cases. • They had decided in June of 2004 that the sentencing guidelines were unconstitutional in Washington state, leading to an upheaval of the way criminals were sentenced nationwide. This ruling clarified the sentencing guidelines. 4. What arguments do proponents make against federal sentencing guidelines which are advisory and not mandatory? • They will lead to “unconstrained judicial sentencing.” • They al
