5 ms·
This. Also, as an attorney, I view all descriptions of possible sentences with extreme skepticism. A hyperbolic explanation [1] so I don't have to retype somet
by pkilgore 7y ago
This. Also, as an attorney, I view all descriptions of possible sentences with extreme skepticism.
A hyperbolic explanation [1] so I don't have to retype something similar:
> Federal sentences are calculated using the United States Sentencing Guidelines. The guidelines are a very complex set of rules used to calculate a federal sentence based upon the crime charged, the circumstances of the case, and the criminal record of the defendant. Calculating a very simple sentence is like completing a very simple tax return under, say, 1040-EZ; a complex sentence is like completing a tax return for a troubled entity engaged in questionable tax practices. Or, for you old-school geeks, like creating a Runequest character for a friend who is an argumentative rules-lawyer. From the enactment of the guidelines in the 1980s until United States v. Booker in 2005, the guidelines were binding upon federal judges — they had to follow the guidelines unless there were grounds for a "departure," meaning the rare circumstance not contemplated by the guidelines. Guidelines-application litigation was time-consuming, tedious, and generally despised by trial and appellate judges. In 2005, the Supreme Court decided to construe the guidelines as mere recommendations which federal judges must consider, thus avoiding the Constitutional dilemma of the sentencing judge making findings of fact driving the sentence without a jury's input. Now, federal judges calculate and consider guidelines sentences, but make their own determination, taking into account the factors required by federal statute. Appellate courts review trial judges' sentences for "reasonableness," in which adherence to the guidelines is one factor. Sentences within the guidelines are presumed reasonable. Most federal judges tend to issue sentences close to the guidelines; some impose sentences below, but it's rarer to see one impose a sentence above.
[1] excerpted from the much longer and funnier https://www.popehat.com/2013/02/05/crime-whale-sushi-sentence-eleventy-million-years/ https://www.popehat.com/2013/02/05/crime-whale-sushi-sentenc...