How do federal judges make sentencing decisions?
Sentencing decisions in federal courts are typically made by a judge. Federal judges take into account the specifics of the case, the defendant’s criminal history, the wishes of the prosecuting attorney, and the opinions of the defense attorney. To guide them in making the appropriate decision, federal judges rely on the U.S. Sentencing Guidelines, which are a set of rules that recommend sentences based on factors such as the nature and severity of the offense, and the criminal history and circumstances of the defendant. When creating their decisions, federal judges have some flexibility to decide on a sentence that is appropriate to the crime committed. This includes the ability to take into account any mitigating or aggravating factors that may make the crime more or less serious. Mitigating factors may include the defendant’s mental health, whether they are a first-time offender, or if the crime was committed out of necessity or duress. Aggravating factors, on the other hand, can include the level of harm caused by the crime, or if injury was inflicted. Ultimately, the decision for a federal sentence is left up to the discretion of the judge, taking into account the various factors that make the crime either more or less serious. The judge must then decide on a sentence that both reflects the appropriate level of punishment and meets the goals of rehabilitation and deterrence.
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