United States Sentencing Commission
Encyclopedia
The United States Sentencing Commission is an independent agency
of the judicial branch
of the federal government of the United States
. It is responsible for articulating the sentencing
guidelines for the United States federal courts
. The Commission promulgates the Federal Sentencing Guidelines
, which replaced the prior system of indeterminate sentencing that allowed trial judges to give sentences ranging from probation to the maximum statutory punishment for the offense. It is headquartered in Washington, D.C.
The commission was created by the Sentencing Reform Act provisions of the Comprehensive Crime Control Act of 1984. The constitutionality
of the commission was challenged as a congressional encroachment on the power of the executive
but upheld by the Supreme Court
in Mistretta v. United States
, .
Unlike many special-purpose "study" commissions within the executive branch, the U.S. Sentencing Commission was established by Congress as a permanent, independent agency within the judicial branch. The seven voting members on the Commission are appointed by the President and confirmed
by the Senate, and serve six-year terms. Commission members may be reappointed to one additional term, also with the advice and consent of the Senate. At least three of the commissioners must be federal judge
s, and no more than four may belong to the same political party
. The United States Attorney General
or his designee and the chair of the United States Parole Commission
sit as ex officio members of the Commission.
† Date second term expires, after which the commissioner may not be reappointed.
Independent agencies of the United States government
Independent agencies of the United States federal government are those agencies that exist outside of the federal executive departments...
of the judicial branch
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
of the federal government of the United States
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
. It is responsible for articulating the sentencing
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
guidelines for the United States federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
. The Commission promulgates the Federal Sentencing Guidelines
Federal Sentencing Guidelines
The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for individuals and organizations convicted of felonies and serious misdemeanors in the United States federal courts system...
, which replaced the prior system of indeterminate sentencing that allowed trial judges to give sentences ranging from probation to the maximum statutory punishment for the offense. It is headquartered in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
The commission was created by the Sentencing Reform Act provisions of the Comprehensive Crime Control Act of 1984. The constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of the commission was challenged as a congressional encroachment on the power of the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
but upheld by the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in Mistretta v. United States
Mistretta v. United States
Mistretta v. United States, 488 U.S. 361 , is a case decided by the United States Supreme Court.-Background:John Mistretta, who sold cocaine, argued that the sentencing guidelines he was facing were unconstitutional due to a gross distribution of authority by Congress resulting in a violation of...
, .
Unlike many special-purpose "study" commissions within the executive branch, the U.S. Sentencing Commission was established by Congress as a permanent, independent agency within the judicial branch. The seven voting members on the Commission are appointed by the President and confirmed
Advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...
by the Senate, and serve six-year terms. Commission members may be reappointed to one additional term, also with the advice and consent of the Senate. At least three of the commissioners must be federal judge
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
s, and no more than four may belong to the same political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
. The United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
or his designee and the chair of the United States Parole Commission
United States Parole Commission
The United States Parole Commission is the parole board responsible to grant or deny parole and to supervise those released on parole to incarcerated individuals who come under its jurisdiction. It is part of the United States Department of Justice....
sit as ex officio members of the Commission.
Current membership
The following table lists commissioners as of April 2010.| Member | Occupation | Date appointed | Term expiration |
|---|---|---|---|
| Patti B. Saris Patti B. Saris Patti B. Saris is a District Judge for the United States District Court for the District of Massachusetts. She joined the court in 1993 after being nominated by President Bill Clinton. She is also Chair of the United States Sentencing Commission.-Early life and education:Saris was born in... (Chair) |
Judge, U.S. District Court for the District of Massachusetts United States District Court for the District of Massachusetts The United States District Court for the District of Massachusetts is the federal district court whose jurisdiction is the Commonwealth of Massachusetts, USA. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and until 1813 court session locations... |
December 22, 2010 | October 31, 2015† |
| William B. Carr, Jr. (Vice chair) |
Former United States Attorney, Eastern District of Pennsylvania | December 5, 2008 | October 31, 2011 |
| Ketanji Brown Jackson Ketanji Brown Jackson Ketanji Brown Jackson is an American lawyer and current commissioner on the United States Sentencing Commission.- Early life and education :A native of Miami, Florida, Jackson graduated from Miami Palmetto High School in 1988... (Vice chair) |
Attorney, Morrison & Foerster | February 11, 2010 | October 31, 2013 |
| Ricardo H. Hinojosa (Commissioner) |
Judge, U.S. District Court for the Southern District of Texas United States District Court for the Southern District of Texas The United States District Court for the Southern District of Texas is the Federal district court with jurisdiction over the southern part of Texas... |
June 26, 2003 | October 31, 2013† |
| Beryl A. Howell Beryl A. Howell Beryl A. Howell is a federal District Court judge for the United States District Court for the District of Columbia and former RIAA lobbyist. She was nominated by President Barack Obama on July 14, 2010 and confirmed by the U.S. Senate on December 27, 2010... (Commissioner) |
Judge, United States District Court for the District of Columbia United States District Court for the District of Columbia The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a... |
November 21, 2004 | October 31, 2011† |
| Dabney Friedrich (Commissioner) |
Former White House White House The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical... Assistant Counsel |
March 1, 2007 | October 31, 2015 |
| Isaac Fulwood (Ex-officio) |
Chair, United States Parole Commission United States Parole Commission The United States Parole Commission is the parole board responsible to grant or deny parole and to supervise those released on parole to incarcerated individuals who come under its jurisdiction. It is part of the United States Department of Justice.... |
—— | —— |
| Jonathan J. Wroblewski (Ex-officio) |
Director of the Office of Policy and Legislation, Criminal Division, U.S. Department of Justice |
—— | —— |
† Date second term expires, after which the commissioner may not be reappointed.
External links
- United States Sentencing Commission
- Interviews with first four Commission Chairs
- From the Hill to the Court to the Commission (Interview with Commission Chair Patti Saris, The Third Branch Sept. 2011)
- Significant Dates and Decisions in the History of the Sentencing Guidelines