Sentences with phrase «what guideline sentencing»

Finally, this essay considers what guideline sentencing ought to look like if we could build it from scratch.

Not exact matches

For that reason, he said the sentencing guidelines are «irrational and silly» and «not worthy of consideration» since they would recommend a «bizarre» sentence greater than what Congress would give.

Rethinking how sentencing guidelines are created, what treatment programs could look like for those suffering from addiction and the effectiveness of mass incarceration is part of trading in the «war» strategy for something more nuanced and effective.

Rethinking how sentencing guidelines are created, what treatment programs could look like for those suffering from addiction and the effectiveness of mass incarceration is part of ending the «war» strategy for something more nuanced and fair.

Clearly he got what prisoners might call «a touch» because that sentence is very lenient and well below the usual guideline used by judges in cases involving illegal firearms.

Gertner says judges are too often silent on issues they should publicly address, such as how federal sentencing guidelines have led to what she and other jurists consider unreasonably long prison terms for nonviolent drug offenders.

«What will be the likely offense level and sentencing range for Lay and Skilling under the federal sentencing guidelines?

As Souter points out, though, to call this an «appellate presumption» is to turn a blind eye to the fact that the trial courts are all keenly aware of what their Court of Appeals is looking for — a within - Guidelines sentence.

And what do the sentencing guidelines mean for white collar defendants?

See Vonner, 516 F. 3d at 387 (explaining that a «lengthy explanation» of the sentence chosen may not be required in all cases «because «circumstances may well make clear that the judge rests his decision upon the Commission's own reasoning that the Guidelines sentence is a proper sentence»» (quoting Rita v. United States, 551 U.S. 338, 357 (2007)-RRB-; see also Rita, 551 U.S. at 356 («The appropriateness of brevity or length, conciseness or detail, when to write, what to say, depends upon circumstances.»).

These general penalty guidelines and minimum and maximum sentence information may give you some insight into what could happen, but may not be reflective of what can happen, and what is likely to happen.

Judges and magistrates use guidelines from the Court of Appeal and the Sentencing Council when deciding what sentences to give.

And, in addition to the struggles the parties will have at the charging and plea stages if they can not know what system of sentencing will apply, probation officers may be placed in a very difficult position if their pre-sentence reports are going to have a dispositive impact on whether the guidelines are fully applicable or wholly advisory.

We'll make sure you fully understand the ramifications of what you've been charged with, including potential sentencing guidelines.

There is absolutely nothing in Rita that compels a sentencing judge who wants to treat the Guidelines as mandatory to really consider the 3553 (a) factors, so long as he gives some kind of lip service to «having listened to the arguments» (which is what I read Rita as basically requiring, if that much, in terms of a judicial statement).

However, thanks to this terrific University of Michigan Law Library site, which has all of Alito's academic writings here, we can unearth what might be hints as to how a Justice Alito might view key participants in the post-Booker world from two commentaries appearing in the Federal Sentencing Reporter not long after the guidelines were enacted.

US District Judge Richard Kopf (Neb):» [J] udges obviously know more about the individuals we sentence than many other people [but] the significance of this truism to the statutory goals of sentencing is often zilch... [T] he importance of «knowing the person» is overstated by those who want excuses to do something different than what the Guidelines dictate....

Although judicial factfinding in sentencing is standard and allowed since Booker made the guidelines nonmandatory, the judicial factfinding assumes an even greater role here given that the decision of even what basic guideline to apply hinges on what offense the judge finds is proven by the facts.

I am wondering what the real impact of the US Sentencing Commission's new guidelines would be, considering the decision in Neal v. United States (1996)- http://www.drugpolicycases.com/opinions/opinion69.html.

I am not sure what kind of impact that decision had and whether the Sentencing Commission's new revised guidelines regarding crack / cocaine will get the same dismissive treatment as its guidelines regarding LSD in Neal.

It tries to minimize the effect that a presumption of reasonableness will have on the gravitational pull towards within - guidelines sentences so much so that, I can't quite figure out what the point of a presumption of reasonableness («POR») is?

A particular policy judgment might entail the acknowledgement that there is not, in fact, absolute consensus as to what «policy as a whole» is, and clarification from the bench as to precisely how the sentence is believed to reflect prior public policy formulations captured in statutory rules and guidelines.

The question is whether, in determining what sentence is necessary to, but does not exceed, the purposes of punishment, judges are to directly apply their own sense of how these purposes are balanced in a given case, or whether judges must do this balancing «indirectly» by giving weight to the balancing done by the Commission when it codified the Guidelines.

The programs align with the Federal Organizational Sentencing Guidelines» criteria on what constitutes an effective compliance program as well as adhere to the corporate governance requirements of the Sarbanes - Oxley Act of 2002.

We don't know what his true guideline range was because, as the USSC sentencing table shows, there is no guideline range of 8 - 12 months.

Effective resume building can be really simple and easy if you follow these guidelines: • Begin with a one or two sentences pitch, explaining what attributes you offer that match the job requirements.