What was the original purpose of the Sentencing Guidelines?
HOELTER: To reduce disparity in federal sentencing. So, if a common criminal robs a bank of $10,000, and an executive robs a savings and loan of $10,000, you want relatively similar sentencing. In fact, the net effect has been to give prosecutors virtually unfettered discretion in charging the crime and setting a sentence that would limit a judge’s discretion. The Sentencing Guidelines have been the abomination of the federal system. Most judges don’t like them. Most defense attorneys don’t like them. The only people who like the guidelines are prosecutors, because they now run the system. CCR: But a judge isn’t bound the guidelines. HOELTER: Right. CCR: Can a judge ignore the guidelines? HOELTER: No, a judge cannot ignore the guidelines. But a judge can depart from the guidelines. A judge can look at the guidelines, say this would be your guideline under normal circumstances, but I find that in your case there are atypical circumstances, and I’m going to depart below the guideline to
