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52 Alb. L. Rev. 1 (1987-1988)
A Trial Judge's First Impression of the Federal Sentencing Guidelines

handle is hein.journals/albany52 and id is 7 raw text is: The 1988 Albany Law School Lecture Series A TRIAL JUDGE'S FIRST IMPRESSION OF THE FEDERAL SENTENCING GUIDELINES Jack B. Weinstein* This afternoon I want to speak to you about the most excruciatingly difficult task of federal trial judges-sentencing. The new federal sentencing guidelines, intelligently construed, somewhat lighten the burden on federal trial judges while permitting choices that protect both the public and defendants. As presently designed, they provide enough flexibility to permit sensible application. Their main dangers are two. First, they may be too slavishly and unthinkingly applied. Second, proponents of overly mechanistic harshness and vindictive- ness may seek to amend them to remove necessary discretion from the trial judge. I will first say a few words about what led to the new sentencing procedures. Then I will indicate why I think they constitute a valid exercise of congressional power and, finally, I will suggest how they can be utilized with a degree of compassion and understanding to protect the public against crime, the taxpayer against unnecessary expenditures for prison, and the defendants and their families from senseless cruelty. Last November, the movement toward longer, more determinate sentencing sweeping the nation culminated when the Federal Sen- tencing Guidelines' became operational.2 Created by the United States Sentencing Commission3 (Commission) under the directive of the Sentencing Reform Act of 1984,4 the guidelines were designed to avoid some discrepancies in sentencing by limiting and channeling the exercise of judicial discretion.5 They are intended to enhance con- sistency, uniformity and fairness in the sentencing process.6 *Judge, United States District Court for the Eastern District of New York; Adjunct Professor, Columbia University School of Law. I deeply appreciate the assistance of Claudia A. Lewis, Yale Law School, Class of 1988, in the preparation of this lecture. 128 U.S.C. § 994(a)(1) (Supp. IV 1986). 2 The Federal Sentencing Guidelines became effective on November 1, 1987. 18 U.S.C. § 3551 note (Supp. IV 1986). 8 28 U.S.C. § 991(a) (Supp. IV 1986). 4 Pub. L. No. 98-473, ch. II, 98 Stat. 1987 (codified at 18 U.S.C. §§ 3551-3673 (Supp. IV 1986); 28 U.S.C. §§ 991-998 (Supp. IV 1986)). 6 S. REP. No. 225, 98th Cong., 1st Sess. 52, reprinted in 1984 U.S. CODE CONG. & ADMIN. NEWS 3182, 3235. 628 U.S.C. § 991(b)(1)(B) (Supp. IV 1986).

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