Unit 36: Sentencing Revisited

Overview:

The Sentencing Reform Act of 1984 sought to replace indeterminate sentencing and parole with a determinate system designed to promote “truth in sentencing” and reduce disparity. Central to this reform were the federal sentencing guidelines, which aimed to rationalize punishment through a structured grid based on offense severity and criminal history. While these guidelines initially reduced judge-to-judge variation and enhanced transparency, they also created rigidity, complexity, and an imbalance of institutional power. Judges lost significant discretion, while prosecutors gained unprecedented leverage through charging decisions, plea bargains, and control over departures for cooperation. Layered on top of this system were mandatory minimum statutes—especially in drug cases—which locked in severe penalties and constrained efforts at reform. The result was a regime that ratcheted up sentences with little empirical evidence that such severity produced proportionate reductions in crime.

Assignment:

  • Bowman, “The Failure of the Federal Sentencing Guidelines”

  • Gopnik, “The Caging of America”

Key Terms: 

  • Sentencing Guidelines

Fairness

The doctrinal and institutional dynamics of sentencing contribute to the challenges of mass incarceration. The United States now imprisons a higher proportion of its population than any other developed nation, with sentences for many offenses—particularly drug and nonviolent crimes—far exceeding international norms. The human and fiscal costs are significant: prison populations have soared, correctional spending has outpaced investments in education, and the system disproportionately impacts communities of color. Critics like Bill Stuntz attribute this trajectory to both procedural formalism and political incentives. The procedural model entrenched by the Bill of Rights prioritizes process over substance, offering defendants technical protections while failing to prevent substantively unjust outcomes like extreme sentences.

Questions for Review:

Q1.