U.S. Sentencing Commission Plan

This is a panel discussion of the Basic Plan of the U.S. Sentencing Commission. The plan, which was adopted by Congress in November 1987, establishes guidelines for all federal offenses. Hence, what is at issue in the debate is the tension between equality and discretion in sentencing felons. Both Breyer and Nagel are for the plan, arguing that it creates consistency in sentencing. Nagel especially finds such consistency beneficial as it helps to eliminate those instances where sentencing was affected by race, sex, or class. MacCarthy, on the other hand, opposes the plan for two reasons. First, he argues that it will eliminate the discretion of trial judges leaving us with “sentencing by robotics.” Secondly, he argues that such “judicial legislation” violates the separation of powers. close