Federal Sentencing Guidelines
First, the court determines the guideline applicable to the offense committed by convicted defendant. In cases where the defendant offers a plea that establishes the commission of a more serious offense, the defendant is deemed to have committed extra offenses. However, the guidelines are not applied to misdemeanors and infractions. The base offense level is then determined according to the characteristics of the committed offense and any special instruction in the specific guideline applied. Adjustments are then made according to the harm done to the victim, the role played by the defendant in the offense, and any obstruction of justice the defendant might have played. If the defendant is convicted of multiple counts, the court groups the convictions and determines each offense level and the combined offense level. In cases where the convicted clearly demonstrates acceptance of responsibility, the offense level is decreased by two levels. The defendant’s criminal history is determined and the offense levels adjusted accordingly. These offense levels and criminal history are used to determine the relevant guideline range in the sentencing table. Depending on the level of offenses, the court might issue probation, supervised release, fines, or implement the total sentence of imprisonment.
Pennsylvania State Sentencing Guidelines
The court will use the sentencing guidelines of the state to determine the appropriate sentencing of offenders convicted of felonies and misdemeanors. However, the sentencing does not apply to cases of probation revocation, direct and indirect contempt of court, violating of protection from abuse court orders, lieu of trial dispositions, and accelerated rehabilitative dispositions.
Every offense is given an offense gravity score according to an offense listing. Some offenses are subcategorized and given a score according to the particular circumstances in which the offenses occurred. In cases where crimes merge, the court shall consider the offense with the highest gravity score for sentencing purposes. Prior records scores are given based on repeat violent offender, repeat Felony 1 and Felony 2 offender, and a point-based category ranging from zero to five. The combination of the offense gravity score and the prior record score are used to recommend sentencing based on a basic sentencing matrix.
Differences between Federal Sentencing Guidelines and Pennsylvania Sentencing Guidelines
Both the federal and Pennsylvania sentencing guidelines use a type of numbers system to determine the level of an offense. Also, both guidelines take into consideration any prior convictions of an offender while deciding on the sentencing to be handed to the defendant.
The Pennsylvania sentencing guidelines are also applied to misdemeanors, which is not the case in federal sentencing. In cases of multiple counts of conviction, the federal sentencing guidelines determine the offense levels of each conviction, group them together and determines the combined offense levels of the convictions to be used in sentencing. In Pennsylvania state sentencing, the offense with the highest gravity score in cases of multiple offenses is the one considered for sentencing. The Pennsylvania guideline does give any special considerations to offenders who demonstrate acceptance of responsibility like federal sentencing guidelines.
Controversy around Sentencing Guidelines
The major controversy surrounding sentencing guidelines is the use of current guidelines to deliver sentences for offences that occurred before the current sentencing guidelines were adopted. The Supreme Court ruled recently that in doing so, the courts were violating the constitution especially when the current guidelines carried harsher punishments than the ones used at the time of the offense. One side suggests that the offenders should be sentenced according to the guidelines in place at the time of the offense and the other side supports sentencing using current guidelines. I support the use of the current sentencing guidelines to determine punishments for past crimes because it offers a standard measure of sentencing as opposed to using different guidelines for different cases.
References
Commonwealth of Pennsylvania, PART VIII. CRIMINAL SENTENCING (2015).
Adam Liptak, Supreme Court Divides over Sentencing Guidelines, Politics, Aug. 10, 2014, http://www.nytimes.com/2013/06/11/us/politics/supreme-court-divides-over-sentencing-guidelines.html?_r=0.
United States Sentencing Commision, 2015 Guidelines Manual, United States Sentencing Commision (United States Sentencing Commission Nov. 1, 2015), http://www.ussc.gov/guidelines/2015-guidelines-manual/2015-chapter-1#NaN.
